The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In full view of the following circumstances: (a) even though the Defendant was punished for the same kind of crime, it is necessary to strictly punish the Defendant by committing the instant crime; (b) on the other hand, the Defendant recognized the instant crime; (c) appears to have an opportunity to sufficiently reflect the Defendant’s life through more than two months of detention; (d) the Defendant has no record of being punished more than the suspension of qualification for the crime of violation of the Road Traffic Act; and (e) other circumstances that form the condition for sentencing specified in the instant case, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, the sentence imposed by the lower court is somewhat inappropriate, and thus, the allegation of unfair sentencing by the Defendant and his counsel is reasonable.

3. If so, the defendant's appeal is reasonable, 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.

Criminal facts

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

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

1. Article 62-2 (1) of the Criminal Act on probation and community service order;