The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, three years of suspended execution, 80 hours in community service, and 40 hours in a compliance driving course) of the lower court is deemed too uneasy and unreasonable.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor applied for changes in the indictment with regard to "violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" among the names of the crimes against the defendant in the trial of the court below as "special property damage", and the applicable provisions of Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act and Article 366 of the Criminal Act "Article 369(1) and Article 366 of the Criminal Act" as "Article 369(1) and Article 366 of the Criminal Act". Since this court permitted this, the judgment of the court below was no longer maintained.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the grounds of ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Articles 369 (1) and 366 of the Criminal Act, the choice of imprisonment for the crime, the choice of a sentence, and the choice of a sentence;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing of Article 62-2 of the Criminal Act for probation, community service, and order to attend lectures is destroyed by the victim's office and passenger cars several times in the state of being taken, and the nature of the crime is not good in light of the risk. The defendant is a violent and drunk driving.