The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal - The lower court’s punishment (amounting to five million won) is too heavy.

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

According to the records, the defendant was sentenced to a suspended sentence of ten months on July 17, 2018 for a crime of violating the Road Traffic Act at the Jeonju District Court sentenced to a suspended sentence of two years on July 25, 2018, and the above judgment became final and conclusive on July 25, 2018. Thus, the crime of each crime and the above violation of the Road Traffic Act (drinking) which became final and conclusive on July 25, 2018 in the judgment of the court below are related to concurrent crimes after Article 37 of the Criminal Act, and should be sentenced to punishment for each crime in the judgment of the court below in consideration of equity in the case where the judgment is to be held at the same time pursuant to Article

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and it is again decided as follows after pleading.

【Grounds for the judgment in its entirety] Criminal facts and summary of the evidence admitted by the court in this case and the summary of the evidence are as follows: “The defendant was sentenced to a suspended sentence of ten months for a crime of violating the Traffic Act at the Jeonju District Court on July 17, 2018, and the above judgment became final and conclusive on July 25, 2018,” and the summary of the evidence was as stated in the respective corresponding columns of the judgment of the court below in addition to adding “the previous conviction: the Jeju District Court prior to the search of the case in B: 2018 High Court prior to the search of the case in B, which added “the previous conviction: 684 High Court Order 689 of the High Court prior to the search of the case in

Application of Statutes

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 311 of the Criminal Act, and the selection of fines concerning the crime;

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

1. The latter part of Article 39(1) of the Criminal Act and Article 55(1)6 of the Criminal Act (amended by July 25, 2018) shall be sentenced to mitigation following concurrent crimes.