The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

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

2. According to the records of this case and significant facts in this court ex officio determination, the defendant can be found to have been sentenced to six months of imprisonment with prison labor for special intimidation at the Cheongju District Court on December 6, 2018 and the judgment became final and conclusive on the 14th of the same month. The crime of the judgment of the court below and the above special intimidation for which the judgment of the court below became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment is determined by taking account of equity with the case to be adjudicated at the same time under Article 39(1) of the Criminal Act. In this regard

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after hearing.

[C] On December 6, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for special intimidation and the judgment became final and conclusive on the 14th of the same month. On March 21, 2018, the Defendant used the victim D (the age of 24) who was driven while driving a road without permission under the influence of alcohol in front of a restaurant B located in the Cheongju-si, Cheongju-si, on the ground that the victim D (the age of 24) who was under driving a vehicle while driving the road without permission was fluencing the Defendant and fluencing the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. 112. List of reported cases;

1. Previous records before ruling: Criminal records, inquiry reports, and the application of Acts and subordinate statutes significantly true to this court;

1. Article 260 (1) of the relevant Act concerning the facts constituting an offense, the selective punishment, and Article 260 (1) of the selective punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Procedure Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;

1. The circumstances favorable to the defendant for sentencing of Article 334(1) of the Criminal Procedure Act are as follows.