A defendant shall be punished by imprisonment for four months.

2. On March 22, 2018, the Defendant, who had been under the same criminal punishment twice as the instant case, was sentenced to imprisonment for 8 months and 2 years of suspended execution due to a violation of the Road Traffic Act due to a drunk driving, etc. on March 22, 2018, and was also sentenced to imprisonment for the crime of this case during the suspended execution period, is not under the presumption of the nature of the instant crime.

However, in light of the fact that the defendant committed the crime in this case and committed the crime in depth, two times among the criminal records of the defendant's same kind of punishment occurred in 2001 and 2002, and that in the event that the sentence of imprisonment became final and conclusive as a result of the case in this case and the previous sentence of suspended execution becomes null and void, it is somewhat harsh to the defendant in light of equity with the same and similar cases, etc., as well as the defendant's age, occupation, health status, character and health conditions, character and environment, motive, means, means and result of the crime in this case, etc., the sentence imposed by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;