The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. A person who has filed an appeal ex officio shall not submit a written reason for appeal within the period for submission of the written reason for appeal, and shall not include the reason for appeal in the petition of appeal;

However, it is judged that there are the following reasons for ex officio investigation.

According to the records, on February 7, 2012, the Defendant was sentenced to a suspended sentence of one year for six months of imprisonment with prison labor due to a violation of the Road Traffic Act (dacting driving) in the support of the Suwon Frigwon, and the judgment was finalized on February 15, 2012.

The crime of violating the Road Traffic Act and the crime of this case, which became final and conclusive, shall be sentenced to punishment for the crime of this case in consideration of equity in the case of concurrent crimes under Article 39(1) of the Criminal Act with regard to the relationship of single concurrent crimes after Article 37 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

2. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is so decided as follows.

【Grounds for another judgment】 The criminal facts recognized by the court in charge of criminal facts and summary of the evidence and the summary of the evidence are as follows: (i) the Defendant was sentenced to a suspended sentence of one year for six months on February 7, 2012, due to a crime of violation of Road Traffic Act in the support of Suwon Frigwon, on February 7, 2012, and (ii) the judgment became final and conclusive on February 15, 2012.

[2] Article 369 of the Criminal Procedure Act provides that "A person who commits a crime in violation of Article 369 of the Criminal Procedure Act shall be deemed to have committed a crime in accordance with Article 369 of the Criminal Procedure Act, except where "a person who commits a crime in violation of Article 369 of the Criminal Procedure Act" is added to "

Application of Statutes

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows: (a) no damage has been restored or no agreement has been reached with the victim.