The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The gist of the grounds for appeal of this case is that the defendant committed the crime of this case during the period of repeated crime and thus the execution of the sentence cannot be suspended, but the court below suspended the execution of imprisonment with prison labor for the defendant. The court below erred by misapprehending the legal principles

In addition, the sentence of the court below (the imprisonment of 8 months, the suspension of execution of 2 years) is too unhued and unfair.

2. Comprehensively taking account of the evidence duly adopted and examined by the court below and the court below, the defendant was sentenced to six months of imprisonment with prison labor for an injury, etc. at the Incheon District Court on June 26, 2015 and the same year.

9. On June 3, 2017, the fact that the enforcement of the sentence was completed at the Incheon detention center, and that the defendant committed the instant crime on June 3, 2017, when three years have not passed since the execution of the sentence was completed.

Therefore, in the event that the court below sentenced the above crime which was found guilty, the execution of the sentence cannot be suspended, but the court below suspended the execution of the sentence while sentenced to imprisonment for the above crime. The court below erred by misapprehending the legal principles as to the grounds for disqualification from the suspension of execution, which affected the conclusion of the judgment. The prosecutor'

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 is identical to the description of each 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 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The fact that there is a record of punishment for driving under the reason of sentencing for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and that the driving under the influence of alcohol causes a traffic accident due to driving under the influence of alcohol, etc.