The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The sentence of imprisonment (one year and four months) by the lower court is too unreasonable.

2. The judgment of the court below, including two times of suspended sentence of imprisonment due to drinking driving, has been punished four times, and the defendant committed a crime again during the suspended sentence period, but the defendant's family members have committed a crime in depth. The defendant's family members want to repent of his or her mistake, and considering all the sentencing conditions in the arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of each of the crimes of this case, and the situation after the crime, the sentence of the court below against the defendant is somewhat heavy.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to each corresponding column of the judgment of the court below, and such facts are cited as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;