The judgment of the court below is reversed.

Defendant shall be punished by a fine of eight million won.

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal is that the lower court’s punishment (eight million won of a fine) is too unhued and unreasonable.

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

According to the records, the defendant was sentenced to one year of imprisonment on September 16, 2020 for the violation of the Road Traffic Act in the Daegu District Court and the racing support, etc., and the above judgment became final and conclusive on October 21, 2020.

Therefore, since the crime of the judgment of the court below and the above violation of the Road Traffic Act (driving) are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment for the crime of the judgment of the court below shall be imposed in consideration of equity and the case of concurrent judgment pursuant to the main sentence of Article 39 (1) of the Criminal Act, and in this respect, the judgment of the court below cannot

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is again decided as follows

【The reason for the judgment of multiple times】 The facts constituting a crime recognized by the court and the summary of the evidence are stated in the column of the original trial [criminal records]. The defendant was sentenced to one year of imprisonment on September 16, 2020 with prison labor for a violation of the Road Traffic Act (driving on October 21, 2020) at the Daegu District Court racing Support for the Daegu District Court on September 16, 2020, and the judgment became final and conclusive on October 21, 2020.” The summary of the evidence is the same as the stated in each corresponding column of the judgment of the court below, except for the addition of "1. Supreme Court Decision: Final and conclusive data, and judgments."

Application of Statutes

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Fine)

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Full bench Decision 78Do246 delivered on April 25, 1978 under Articles 53 and 55(1)6 of the Criminal Act for discretionary mitigation.