The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The summary of the grounds for appeal (ten months of imprisonment and two years of suspended execution) imposed by the court below on the defendant is deemed to be too uneasible and unfair.

2. Prior to the judgment on the grounds for appeal ex officio, according to the records of this case, it is recognized that the defendant was sentenced to a two-year suspended sentence of imprisonment on August 25, 2016 at the Changwon District Court on August 25, 2016 and the above judgment became final and conclusive on September 2, 2016. Since each crime of the judgment of the court below against the defendant and the above violation of the Road Traffic Act, which became final and conclusive on September 2, 2016, are concurrent crimes under the latter part of Article 37 (1) of the Criminal Act, the defendant should be sentenced to punishment for each crime of the judgment of the court below in consideration of equity and the case of concurrent crimes under Article 39 (1) of the Criminal Act. In this regard, the judgment below

3. Therefore, 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, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts constituting a crime and the evidence admitted by this court are as follows: “A summary order has been issued” of the first head of the facts constituting a crime; “A summary order has been issued; on August 25, 2016, at the Changwon District Court sentenced two years of suspension of execution to imprisonment for a violation of the Road Traffic Act (driving), etc.; and the judgment has become final and conclusive September 2, 2016; and on September 2, 2016, the summary of the evidence added “1. Court rulings and fixed date data (case agreement aid)” to the summary of the evidence, and therefore, it is identical to each corresponding column of the judgment of the court below. Therefore, it is cited as is in accordance with

Application of Statutes

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and imprisonment with prison labor, respectively;