The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. According to the records of ex officio determination, the Defendant: (a) was sentenced to the suspension of the execution of eight months on September 21, 2018 to imprisonment with labor for a violation of the Road Traffic Act at the Suwon District Court Sejong District Court on the site of September 21, 2018; and (b) was confirmed on May 9, 2019, which was after the sentence of the lower judgment was rendered; and (c) the crime of violation of the Road Traffic Act, which became final and conclusive as stated in the judgment of the lower court, is in a concurrent relationship under the latter part of Article 37 of the Criminal Act with the crime of violation of the latter part of Article 39(1) of the Criminal Act, and thus a sentence shall be determined in consideration of equity and the same (see, e.g., Supreme Court Decision 2008Do209, Oct.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal, on the ground that the above grounds for reversal ex officio are established, and the judgment below is again ruled as follows.

[Discied reasoning of the judgment below] The summary of criminal facts and evidence added to the first head of the judgment below's "criminal facts" and the summary of the evidence to "criminal facts" as stated in the judgment below, "the defendant was sentenced to two years of imprisonment for a violation of the Road Traffic Act on September 21, 2018 and the above judgment became final and conclusive on May 9, 2019" to "the summary of evidence" as stated in the judgment of the court below, except for adding "1. The copy of the judgment" to "the summary of evidence" as stated in each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 1, 44 (1), 152 subparagraph 1, and 43 of the Road Traffic Act concerning the crime;

1. Trade name;