The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, according to the records, the defendant was sentenced to one year of imprisonment at the Incheon District Court on June 12, 2020 due to the violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed driving) at the Incheon District Court on June 20, 2020, and the above judgment became final and conclusive on June 20, 2020. As such, the crime for which the judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of this case must be sentenced in consideration of equity with the case where the judgment is rendered at the same time under Article 39(1) of the Criminal Act.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is again ruled as follows.

[Dao-written judgment] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are the facts constituting the crime as stated in the judgment of the court below. The facts constituting the crime as stated in the judgment of the court below are cited in accordance with Article 369 of the Criminal Procedure Act, except for adding "the defendant was sentenced to one year of imprisonment at the Incheon District Court on June 12, 2020 due to the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Unlicensed Driving) and the above judgment became final and conclusive on June 20, 2020."

Application of Statutes

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, Article 35 of the Criminal Act for a repeated crime selected to imprisonment with labor, if the crime is applicable;

1. The reason for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act is that the defendant committed the same crime during the period of repeated crime due to the same kind of crime.