The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Summary of Grounds for Appeal

The punishment of the court below against the accused (ten months of imprisonment) is too unreasonable.

Judgment

In addition, even though the defendant was sentenced to a fine for the same kind of crime more than twice in 2012, the fact that the defendant committed each of the crimes of this case is disadvantageous; however, the defendant did not have any record of being sentenced to a stay of execution or more, and the defendant committed a false act while living in custody for about three months, and the degree of alcohol in each of the crimes of this case is 0.051% and 0.109%, and the defendant's age, character and behavior, environment, circumstances after the crime, and all of the sentencing conditions shown in the records and arguments of this case, are inappropriate.

Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the consideration of favorable circumstances among the reasons for reversal in the preceding way);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above conditions);

1. It is so decided as per Disposition for the reasons under Article 62-2 of the Criminal Act, such as probation, community service, and order to attend lectures;