The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

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

1. The gist of the grounds for appeal is too heavy.

2. The judgment of the court below is unreasonable to maintain the sentence of the defendant too too much, considering the following factors: although the defendant was subject to criminal punishment twice for the same crime, the defendant was punished by a fine, the defendant's last criminal punishment for the same crime was ten years prior to the date of the crime in this case, and the defendant seems to have significantly broken down the importance of criminal punishment through the confinement life for about two months, and other conditions of sentencing indicated in the record.

3. The appeal by the defendant is with merit, and the judgment of the court below is reversed, and it is so decided as follows.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court and summary of evidence are as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused in the preceding);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. The grounds for reversal of the grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., and other factors revealed by the court below in the grounds for sentencing, including the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined by taking into account the various