The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive.

1. The sentencing of the court below (one year of imprisonment, two years of suspended sentence, 80 hours of community service, and 40 hours of order to attend a lecture) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the defendant was sentenced to a suspended sentence of two years for a year by imprisonment for a violation of the Road Traffic Act at the Busan District Court on April 22, 2020, and the fact that the judgment became final and conclusive on May 20, 2020 by the withdrawal of the defendant's appeal is significant in this court.

Since each crime of the judgment below against the defendant and the crime of violation of the Road Traffic Act of which judgment has become final and conclusive, the concurrent crimes under the latter part of Article 37 of the Criminal Act are related to concurrent crimes under the latter part of Article 39 (1) of the Criminal Act, the court shall consider equity and the reduction or exemption of punishment and then determine punishment for the crimes of the judgment below.

In this respect, the judgment of the court below cannot be maintained as it is.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal, and the following is again decided

[Dao-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows: (a) the judgment was finalized on May 20, 2020 as the withdrawal of the Defendant’s appeal and, except for addition, it is identical to the corresponding column of the judgment below; (b) thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The Criminal Act among concurrent crimes.