The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is too unreasonable for the lower court’s imprisonment (eight months of imprisonment).

2. The judgment of the defendant has a record of being punished several times for the same criminal records, and the defendant has committed each of the crimes of this case without being aware of the fact that he/she had been under suspension of execution due to his/her previous criminal records, and he/she has committed such crimes.

However, in full view of all the sentencing data on the records, including the fact that the defendant was not punished for the same crime except for the criminal records stated in the judgment below since 2006, and was not punished for the same crime, and that the defendant was not punished for the above criminal records, and that the defendant was living a prison life for more than two months, and that the defendant's family is attempting to leave his wife, and other sentencing data on the defendant's age, character and behavior, environment, etc., the sentence of the court below is excessively unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, the summary of the facts and evidence is 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the defendant in the preceding reason for reversal);

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

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;