The judgment of the court below is reversed.

The punishment of the accused shall be determined by six months of imprisonment.

provided that this ruling has become final and conclusive.

Summary of Grounds for Appeal

The sentence of the lower court (a fine of three million won) is too unhued and unreasonable.

2. Determination factors are favorable sentencing factors, such as the fact that the defendant's mistake is divided and reflected, and that there is room for some consideration in the circumstances of the defendant's driving.

However, the Defendant already had three-timeless driving skills, in particular, the Defendant committed the instant crime even if he had been sentenced to two-months of suspended sentence on October 1, 2013 due to drinking driving on the same day, even though he had been sentenced to two-months of suspended sentence, etc., which is also committed at the same time. In full view of the background of the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., the lower court’s punishment is deemed unreasonable, and thus, the Prosecutor’s assertion is reasonable.

3. Therefore, 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 as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act concerning the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning probation or order to attend a lecture;