A defendant shall be punished by imprisonment for one year.

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

2. There is no room to take into account the motive for the instant crime, and the Defendant is an element for sentencing unfavorable to the Defendant, such as the following: (a) there is no room for considering the motive for the instant crime; (b) the Defendant, in the future of the victim’s vehicles several times, has the victim rapidly frightly and cause the victim to feel uneasy;

However, in full view of the factors of sentencing favorable to the defendant and other various factors of sentencing indicated in the records of this case, such as the fact that the defendant recognized the crime of this case and reflected against the defendant, that the defendant agreed with the victim, that the actual occurrence of traffic accidents occurred due to the crime of this case, and that the defendant has no record of punishment exceeding the fine, etc., the sentencing of the court below against the defendant is inappropriate.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the crime;

1. The former part of Article 37, Articles 38 (1) 2 and 50 (to the extent that the punishment is aggregated with the long-term punishment in each of the crimes above) of the Criminal Act among concurrent crimes;

1. Article 62 (1) of the Criminal Act on probation;

1. Article 62-2 of the Social Service Order Criminal Act;