The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The punishment of the lower court (two years of imprisonment) for an appeal is too unreasonable.

2. The defendant, who committed the crime of this case, has been punished several times by fine, suspension of execution, etc. due to the same crime. Nevertheless, it is inevitable to punish the defendant who committed the crime of this case.

However, the lower court’s punishment seems to be somewhat unreasonable if examining all of the sentencing conditions shown in the records of the instant case.

Therefore, the defendant's assertion of unfair sentencing 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.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the offense and summary of evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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