The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. Although the judgment had already been punished for the same kind of crime against the defendant several times, considering the various circumstances, including the defendant's age, character and behavior, environment, family relationship, circumstances after the crime, motive and circumstance of the crime, etc., the defendant's assertion is deemed to be unfair because the sentence imposed by the court below is too excessive, and thus, it is recognized that the defendant's punishment is too unreasonable. The defendant's assertion is justified.

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 with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all 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. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of a sound driving), and subparagraphs 1 and 43 of Article 152 of the same Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the term of two crimes against the Act on the Aggravated Punishment, etc. of Specific Crimes (the term of two crimes against death or injury resulting from dangerous driving prescribed in the crime)