The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

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

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than one year and three months, a suspended sentence for two years, confiscation, social service hours) imposed by the court below is too unreasonable.

2. The lower court, ex officio, deemed the Defendant as having led to the confession of the facts charged in the instant case, and determined and notified that the Defendant should be tried through a simplified trial procedure, and determined the evidence examination in accordance with Article 297-2 of the Criminal Procedure Act, and found the Defendant guilty of the facts charged in the instant case based on such evidence, on the ground that the evidence presented by the lower court was admissible pursuant

However, according to the records of the first trial of the court below, the defendant stated that all of the facts charged in this case is recognized on the first trial date, and all of the facts charged in this case is deemed to have been led to confession. However, on the other hand, the defendant's examination conducted on the same trial date stated that "the defendant's act under the influence of alcohol at the time of this case is not memory in whole and partly scarfed without memory," and there is room to view that the defendant at least denies the facts charged or asserts the reason for excluding the responsibility of the defectiveness (see, e.g., Supreme Court Decision 2004Do2116, Jul. 9, 2004). Even if the defendant is deemed to have led to confession of all the facts charged in this case, it is remarkably unfair to judge it as a simple trial

Therefore, this court cancelled the order of the court below that decided to judge by summary trial procedure in accordance with Article 286-3 of the Criminal Procedure Act, so the judgment of the court below can no longer be maintained in this respect.

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, on the grounds of ex officio reversal as seen above, and it is again decided as follows.

Criminal facts.