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

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

2. The Defendant committed the instant crime during the period of suspended execution, even though he/she had a record of having been punished several times for the same crime, including suspended execution, is disadvantageous to the Defendant.

However, in light of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means, consequence, situation before and after the crime, etc., the sentence of the court below against the defendant is somewhat unreasonable, and thus, the defendant's assertion is reasonable, since it is deemed that the defendant's punishment against the defendant is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;