The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

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

2. The following determination is an unfavorable circumstance to the Defendant.

The defendant committed the crime of this case again even though he had had the same criminal record in several times.

On the other hand, the following conditions are favorable.

Defendant's mistake has been pened in depth through confinement for a period of two months.

The defendant's health is not good for the elderly.

In addition, in full view of the sentencing balance with the same crime, the background of the crime of this case, the circumstances after the crime of this case, the character and conduct of the defendant and the environment, etc., the court below's punishment is deemed to be too unreasonable, and therefore the defendant's assertion is reasonable.

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

Criminal facts

The summary of facts and evidence recognized by the court is the same as the 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 Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

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