The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. As to the summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment with prison labor), the Defendant asserts that the prosecutor is too unfasible and unfair.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

On August 20, 2020, the Defendant was sentenced to one year of imprisonment and two years of probation, protection observation, community service 120 hours, and participation in compliance driving lectures at the Seoul Central District Court on August 20, 202, and the above judgment became final and conclusive on October 29, 2020.

Since the crime of violation of the Road Traffic Act against the defendant is concurrent crimes as provided in the latter part of Article 37 of the Criminal Act with the crime of violation of the Road Traffic Act (e.g., refusal of measurement of drinking), the sentence should be imposed in consideration of equity with the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act.

In doing so, the court below sentenced the defendant to a punishment without considering it, so the judgment of the court below can no longer be maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's improper assertion of sentencing, and the judgment below is ruled as follows through pleading.

[Grounds for a new judgment] The summary of facts constituting a crime and evidence recognized by the court is sentenced to one year of imprisonment and two years of suspended execution as a crime of violating the Road Traffic Act at the Seoul Central District Court on August 20, 2020. The above judgment became final and conclusive on October 29, 2020.

Except for adding “the search and judgment of the Supreme Court” to “the summary of the evidence and adding “the search and judgment of the Supreme Court,” it is identical to each corresponding column of the lower judgment, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (a punishment shall be imposed upon imprisonment with prison labor);