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 lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the defendant committed the instant crime again during the period of probation even though he/she had a previous conviction in the same kind, strict punishment against the defendant is necessary.

However, considering the fact that the defendant repents his mistake, that the defendant agreed with the victims, that the alcohol concentration in blood is not high, and that the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the court below's punishment is too unreasonable. Thus, the above argument by the defendant is reasonable, and the prosecutor's above argument is without merit.

3. In conclusion, 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 with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1), the proviso to Article 3 (2) 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of each business and negligence), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the occupation of driving without a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a sentence of imprisonment with prison labor for a crime of violating the Traffic Act on the selective road traffic at issue and a sentence of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the same Act (the lowest sentence shall apply to the punishment that is set forth for the crime of violating the Road Traffic Act);

1. Article 53 of the Criminal Act for mitigation of amount;