The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The main point of the grounds for appeal is that the lower court’s punishment of KRW 10 million (a fine of KRW 10 million) is too unhued and unreasonable.

2. In light of the fact that there was a history of punishment twice due to a drunk driving, and that the crime of this case was committed without being aware of even though it was in the period of probation due to night structure intrusion larceny, the sentence of the court below that sentenced the fine is too uneasible and unfair.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); and the choice of imprisonment for each sentence, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentence of imprisonment shall be imposed in light of the circumstances examined in the judgment of the reason for sentencing prior to the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act. However, the sentence shall be imposed in the same manner as the order after discretionary mitigation, taking into account the following factors: the degree of injury suffered by the victim is insignificant and the agreement with the victim is reached.