The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

1. The sentence (7 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. It is recognized that the judgment defendant led to the confession of the crime and repented his mistake.

However, considering all of the sentencing conditions stated in the pleadings of this case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, etc., the sentence imposed by the lower court is too unafford and thus unfair, is recognized as being too unafford, in light of the following: (a) the Defendant has been sentenced to a fine on several occasions; (b) the blood alcohol level was 0.284% high; (c) the blood alcohol level was 0.284% high; and (d) the vehicle stopped while driving under the influence of alcohol caused physical damage by shocking the stopped vehicle; and (e) the Defendant’s age, sexual behavior, environment, motive,

3. Accordingly, the prosecutor’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 it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount (the consideration of favorable circumstances among the loss of destruction as seen earlier);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered as being favorable for the reasons for reversal as seen earlier);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;