The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Prior to the instant crime, even if the Defendant had been punished several times due to drunk driving or unlicensed driving, it is recognized that there is the need to strictly punish the Defendant by putting the instant crime, even before the instant crime was committed.

However, the defendant recognized the mistake of each of the crimes in this case, and there is no history of punishment for the defendant above the suspension of execution.

It is also recognized that the defendant should support his/her mother and child who is a recipient of basic living security.

In addition, considering the various circumstances, such as the Defendant’s age, environment, character and conduct, motive leading to the instant crime, circumstances before and after the instant crime, etc., the lower court’s punishment 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 on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading

Punishment of the crime

Since the facts constituting the crime recognized by this court are the same as the facts constituting the crime of the lower judgment, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

The summary of the evidence of the above crime is as follows, except for the addition of the "statement made by the defendant in the trial court", and therefore, it is identical to the corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant Article of the Act concerning the facts constituting an offense and Articles 154 subparagraph 2 and 43 of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;