The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s above sentence is too uneasible and unreasonable.

2. On its ex officio determination, the Prosecutor issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act (dacting driving) in the previous Jeju District Court’s military support on September 30, 2008, each of the facts charged of the instant case [the records of the instant case] to the public prosecutor’s judgment, and “The Defendant was sentenced to a suspended sentence of KRW 3 million for six months on September 30, 200, due to a crime of violating the Road Traffic Act (dacting driving) in the previous Jeju District Court’s military support on November 29, 201, a fine of KRW 2.5 million as a crime of violating the Road Traffic Act (dacting driving) in the same support on July 31, 2013, and was sentenced to a suspended sentence of KRW 5 million as of July 31, 2013, and on August 12, 2015.

The judgment of the court below is no longer able to maintain, since the amendment to the bill of amendment was applied for, and this court permitted it and the subject of the trial was changed.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed in accordance with the reasoning of the judgment below on the ground that there is a ground for reversal ex officio as seen above, and the judgment below is again decided as follows.

Punishment of the crime

[criminal history] On September 30, 2008, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Gunsan Branch of the Jeonju District Court on November 29, 201, which was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) from the same support on November 29, 201, and a fine of KRW 5 million for a crime of violating the Road Traffic Act (dacting driving) from the same support on July 31, 2013, and was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (dacting driving) from the same support on August 12, 2015.

[Criminal facts]

1. On September 24, 2015, Defendant 1081 is front of the entrance of the old market where the Simsan-si is located in the Simsan-si around 10:55 on September 24, 2015.