The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. In the past, the Defendant had been punished several times due to the crime of violation of the Road Traffic Act (e.g., violation of the Road Traffic Act) and the violation of the Road Traffic Act (e.g., nine times a fine and two times a suspended sentence of imprisonment). In particular, the Defendant was sentenced by the Changwon District Court on June 25, 2010 to two years a suspended sentence of imprisonment for a violation of the Road Traffic Act (e.g., a drunk driving) and a violation of the Road Traffic Act (non-licensed driving) at the Changwon District Court on July 3, 2010 and the decision on July 3, 2010 became final and conclusive and conclusive on July 3, 2010, while the Defendant was under suspended sentence, while he was under suspended sentence, while driving the instant drinking and non-licensed driving and receiving a victim E-driving and suffered each

However, in full view of all the circumstances that are favorable to the defendant, such as the confession and reflect of the defendant, the fact that the defendant agreed with the victims and the children of the defendant, and the location where the defendant support the wife and the university students, etc. in the course of the defendant's custody, and the character, character and environment of the defendant, the circumstances and results of the crime in this case, and the circumstances of sentencing as shown in the records and arguments, the punishment imposed by the court below is somewhat unreasonable, and therefore, the above argument by the defendant is reasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns 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. Article 3(1), the proviso of Article 3(2)7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 10790 of the former Road Traffic Act on June 8, 201.