The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case on board is that the Defendant, while driving a vehicle without a driver's license, was provoking the victim's vehicle to injure the victim and destroyed the vehicle without any measure, and the quality of the crime is not less and less severe than that of the Defendant, and the Defendant has been punished once due to the traffic-related crime, including that there was a total of five times of punishment due to the driving without a driver's license.

However, there are extenuating circumstances, such as the fact that the Defendant recognizes the instant crime and reflects on the nature of the Defendant, not severe damage caused by the said traffic accident, but reached an agreement with the victim, that there was no criminal conviction or heavier punishment for the same crime, that there was a considerable interval of time from the instant case around 2005, that there was the wife and two children to support the Defendant, that there was more than half of the sentence of the lower court, and that there was time to reflect on the fact that the Defendant has been detained by more than half of the sentence of the lower court. Therefore, the suspension of the execution of imprisonment at this point can be effective for the prevention of recidivism.

In full view of such circumstances and other circumstances as the defendant's age, environment, sexual conduct, circumstances before and after the crime, and the conditions of sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is too unreasonable.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.