The judgment of the court below is reversed.

The punishment of the accused shall be determined by four months of imprisonment.

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

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The fact that the defendant recognized his mistake and reflected his mistake, and the crime of this case is a simple unauthorized case where drinking or a traffic accident does not compete, and there are circumstances to consider the circumstances leading to the crime of this case.

On the other hand, the Defendant has been sentenced to five times or punishment due to drinking driving, and in particular, the Defendant committed the instant crime during the period of probation after being sentenced to two years of imprisonment with prison labor at the Gwangju District Court on February 13, 2014 due to drinking or non-licensed driving.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is deemed to be too uneasible and unfair, and thus, the Prosecutor’s assertion is with merit.

3. In conclusion, 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.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of the law is as stated in the applicable column of the judgment below.

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;