The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The judgment has already been subject to punishment several times due to the same type of crime, and the defendant has already been subject to punishment without being aware of the period of suspended execution due to this type of crime, and it is necessary to strictly punish the defendant.

However, considering all of the sentencing conditions, such as the defendant's age, sex, environment, motive, means, consequence, etc., the sentence of the court below is too unreasonable because it is too unreasonable, considering all of the following factors: (a) the defendant has committed a crime; (b) the defendant has been punished by a fine; (c) there was no record of punishment for the same kind of crime after 2008; and (d) the considerable reflective and self-esteem time has been expected to have been achieved through the long-term confinement life for a considerable period of time; and (d) the punishment of the court below

3. As such, the defendant'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 the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to 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 of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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

1. The sentencing of Article 62-2 of the Criminal Act prior to the grounds for sentencing shall be determined by comprehensively taking into account the various circumstances as ordered prior to the observation of protection and the order to attend lectures; and