The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The sentence of the court below (six months of imprisonment) is too unreasonable in light of the fact that the defendant reflects his fault, etc.

2. It should be strictly punished in light of the fact that the defendant had been punished several times, and that the defendant committed the instant crime immediately after the expiration of the suspension period due to the same kind of crime.

However, it is recognized that the court below's punishment is excessively unreasonable in full view of all the sentencing data indicated in the records of this case, including the defendant's age, character and conduct, and environment, where the defendant has not been sentenced to a fine exceeding the above suspended sentence, and the defendant has committed suicide while living a prison life for more than two months, and has expressed his intent not to repeat the crime while operating a normal business entity.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited 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. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);

1. Probation and community service order under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;