The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The sentence of the court below (two months of imprisonment, two years of suspended execution, two years of probation) to the summary of the grounds for appeal is unreasonable.

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

According to the records, on January 20, 2016, the Defendant was sentenced to imprisonment with prison labor for 6 months, 1 year of suspended sentence, 80 hours of community service order, 40 hours of order to attend a compliance driving on the part of the Suwon District Court on January 20, 2016, and the said judgment became final and conclusive on August 10, 2016.

Since the crime of this case and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. against which the defendant's judgment became final and conclusive, in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment shall be determined after examining whether to reduce or exempt the punishment in consideration of equity in cases where a concurrent judgment is made

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 pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the grounds of ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is that the first head of the judgment of the court below added "the defendant was sentenced to 6 months of imprisonment, 1 year of suspended execution and 80 hours of community service order, 40 hours of attending a compliance driving order on January 10, 2016" to the first head of the judgment of the court below, and "the above judgment became final and conclusive on August 10, 2016" to "1. A criminal record in the judgment of the court below was : the case screen (nive branch of the Suwon District Court 2015Kadan989), and the copy of the judgment (nive branch of the Suwon District Court 2015 Godan989)" to each corresponding column of the judgment of the court below, except for the case screen (nive branch of the Suwon District Court 2015Kadan989).