The judgment of the court below is reversed.

Imprisonment with prison labor for a period of four months and the second offense in the decision of the defendant as to the first offense.

1. The summary of the grounds for appeal (e.g., punishment No. 1: imprisonment with prison labor for 6 months and punishment No. 2: imprisonment with prison labor for 10 months) of the lower court is too unreasonable;

2. According to the records of ex officio determination (as to the part concerning the second crime in the market), the Defendant was sentenced to a suspended sentence of two years on November 10, 2016 to imprisonment with labor for 10 months with labor for fabrication of private documents at the Busan District Court’s Dong Branch Branch, etc. on November 18, 2016, and the above judgment became final and conclusive on November 18, 2016, and (2) on July 19, 2017, the Defendant was sentenced to a suspended sentence of two years for 6 months on July 27, 2017 at the Busan District Court’s Dong Branch branch for the violation of the Road Traffic Act (non-licensed driving).

Therefore, the punishment should be determined in consideration of equity and cases where the judgment of the court below was rendered concurrently in accordance with Article 39(1) of the Criminal Act in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act in which both crimes of previous crimes are concurrent crimes.

(see, e.g., Supreme Court Decision 2008Do209, Oct. 23, 2008). In this respect, the part concerning the second crime in the judgment of the court below cannot be maintained any more.

3. Determination of the argument on the grounds of appeal (as to the part concerning the first crime in the market) is that the Defendant, without a driver’s license, caused a traffic accident by negligence in the course of his duty while driving a vehicle and thereby resulting in the victim C and E requiring medical treatment for two weeks, and such crime is heavy in light of the details and contents of the crime.

The defendant has a record of being punished several times due to driving without a license, and committed this part of the crime during the suspension period due to driving without a license.

However, the Defendant is against this part of the crime.

The degree of injury suffered by victims is not severe, and the vehicle operated by the defendant is covered by mandatory insurance and the damage recovery is expected to have been made.

In the appellate trial, the defendant is punished by the victims by agreement with the victims.