The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The judgment of the court below was rendered on November 30, 201 when the defendant was sentenced to six months of imprisonment for the same crime on January 7, 2010 and was released on November 30, 2010 during the execution of the above sentence and committed each of the crimes in this case even during the period of repeated crime on February 4, 2011. Besides, each of the crimes in this case was committed during the period of repeated crime, and there was one time of suspended execution, two times of punishment due to the crime of violation of the Road Traffic Act due to drinking driving or driving without a license, and the defendant's act of driving in this case is minor, but the occurrence of traffic accident (physical damage) is deemed to cause minor, it is recognized that the defendant is against the judgment of the court below. The distance of the defendant's driving in this case was shorter than 20 meters and 5 meters, and if the defendant maintains the sentence of the court below, it is extremely harsh that the defendant could not return to the workplace, and considering the defendant's age, character and environment, motive and circumstances of the crime in this case.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Road Traffic Act [Violation of the Road Traffic Act (Crime of Drinking Driving and January 20, 2013)]