The judgment of the court below is reversed.

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

1. The sentencing of the lower court (one year of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. According to the ex officio records, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on April 6, 2018, and the judgment became final and conclusive on October 4, 2018.

Since the above crime for which judgment has become final and conclusive and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment for the crime of this case shall be sentenced in consideration of equity and the concurrent crimes pursuant to Article 39(1) of the Criminal Act.

The judgment of the court below cannot be maintained as it is.

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

[Re-written judgment] The first head of the room for criminal facts and the summary of evidence was sentenced to two years of imprisonment with labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on April 6, 2018, and the judgment became final and conclusive on October 4, 2018.

Except for the addition of “,” the same as the corresponding column of the lower judgment.

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The reasons for sentencing are as follows: (a) the latter part of Article 39(1) of the mitigated Criminal Act and Article 55(1)3 of the Act on the Aggravated Punishment, etc. of Specific Crimes (with regard to cases where a judgment is rendered simultaneously with the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes for which a judgment has become final and conclusive). The Defendant had a record of having been punished several times for the same type of crime, such as drinking, driving without a license, etc., and in particular, committed the instant crime during the period of the repeated crime after the execution of imprisonment was completed due to the

However, the defendant's mistake.