The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The judgment that the defendant has a record of driving alcohol is disadvantageous to others, but the defendant recognized the crime of this case and reflects in depth, and there is a change in circumstances when the victim and the victim were reached an agreement in the trial.

Comprehensively taking into account the following circumstances: (a) the Defendant was detained in prison for a certain period; (b) the Defendant’s age, sexual conduct, intelligence and environment; (c) the background leading to the instant crime; and (d) the means and methods of committing the instant crime; and (c) the circumstances after the commission of the crime, the lower court’s punishment is deemed unfair

3. The judgment of the court below is reversed in accordance with the conclusion, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016); Articles 148-2 subparag. 3 and 44(1) of the Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016); and Articles 148-2 subparag. 3 and 44(1) of the Road Traffic Act concerning the crime

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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