The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that, for a period of two years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The circumstances favorable to the defendant include the fact that the judgment defendant reflects the crime, and that there is no past record of punishment exceeding the suspended sentence.

However, the defendant was punished 12 times in total due to drinking or non-licensed driving, and the suspended sentence of imprisonment is two times in total, and in particular, on December 29, 2015, he was sentenced to 2 years of suspended sentence on August due to the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (non-licensed driving) and was sentenced to 2 years of suspended sentence on January 6, 2016, and the above judgment became final and conclusive on January 6, 2016, and again was disadvantageous to the defendant.

In full view of the above circumstances and the Defendant’s age, sex, environment, circumstances leading to the commission of the crime, circumstances after the crime, and the need to prevent recidivism, the lower court’s punishment is somewhat unreasonable and unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Prior to the reasons for sentencing under Article 62-2 of the Criminal Act, the Prosecutor’s decision on the prosecutor’s unfair argument regarding the sentencing prior to the observation of protection and the order of community service, shall be determined by taking into account the various circumstances as seen above.