The judgment of the court below is reversed.

The sentence against the accused shall be determined by one year and six months of imprisonment.

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

1. The prosecutor asserts that the prosecutor’s appellate brief is unfair, because the sentence of the court below is too unfilled.

2. According to the records of ex officio determination, etc., the Defendant was sentenced to imprisonment for four months for a crime of violating the Road Traffic Act at the Gwangju District Court on April 20, 2017, with prison labor for a period of two years, including a suspended sentence (Seoul District Court Decision 2017Ma708 decided Apr. 20, 2017; hereinafter “prior judgment”), and both parties appealed to the Gwangju District Court on the preceding judgment, but the Gwangju District Court dismissed the appeal on August 30, 2017 at the Gwangju District Court (Supreme Court Decision 2017No1578 decided Aug. 30, 2017), and the preceding judgment was finalized on September 7, 2017.

As a result of the final and conclusive judgment of the preceding case, the crime of this case and the crime of violation of road traffic laws (drinking) established by the preceding judgment are concurrent crimes by the latter part of Article 37 of the Criminal Act, and thus, the sentence against the defendant should be imposed at the same time in consideration of equity and equity pursuant to Article 39(1) of the Criminal Act. Thus, the judgment of the lower

3. The judgment of the court below is reversed without examining the prosecutor's improper assertion of sentencing, on the grounds that the court below's judgment is reversed and it is so decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence admitted by the court is that the summary of facts constituting an offense and the evidence is partially changed as follows. As such, it is identical to the corresponding column of the judgment of the court below, thereby citing it in accordance with Article 369 of the Criminal Procedure Act.

▣ 원심판결 2쪽 3, 4 째 줄을 다음과 같이 바꾼다.

On April 20, 2017, the Defendant was sentenced to a suspended sentence of two years, etc. for four months for a crime of violating the Road Traffic Act at the Gwangju District Court (Supreme Court Decision 2017Ma708 Decided April 20, 2017). While both parties appealed against the relevant judgment, the Defendant dismissed the appeal on August 30, 2017 at the Gwangju District Court (Supreme Court Decision 2017No1578 Decided August 30, 201), the relevant judgment around that time.