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 of the final judgment.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The judgment of the court below has been subject to punishment several times for the same kind of crime (in particular, the defendant was sentenced to suspended sentence for the same crime and was sentenced to a fine by driving without a license during the suspended sentence), and the drinking water level belongs to 0.114% higher than that of a fine, but it is necessary to see that the defendant does not repeat again, that the defendant has been born, that he did not repeat again, and that he did not know about how much he was born, and that there seems to be against the defendant's personality and behavior, character and environment, occupation and environment, background and result of the crime, and circumstances after the crime, etc., as a whole, it seems that the punishment of the court below is somewhat excessive, considering the various sentencing factors indicated in the instant case, such as the defendant's age, character and behavior, job and environment, and circumstances after the crime.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

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 to provide community service or attend lectures;