The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

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. The judgment of the defendant has a record of being punished several times for the same criminal records, and the defendant committed each of the crimes of this case in a short period without being aware of the fact that he/she had been under suspension of execution due to his/her previous criminal records, and he/she should be punished strictly in light of the circumstances leading up to the detection, and

However, since 2004, the defendant was not punished except for the criminal records entered in the judgment below that committed in 2010, and was not punished by a fine or heavier punishment for each of the above criminal records, the defendant living for more than two months, his or her family living together with his or her wrong behaviors, the defendant's family members want to live in prison for more than two months, the degree of injury of the victim due to the violation of the Punishment of Violence, etc. Act during the period of suspension of execution is not heavier than the degree of injury of the victim, the defendant agreed with the victim about the above crime, and considering the above circumstances, it would be too harsh for the defendant to invalidated the sentence suspended by sentence of imprisonment with prison labor until the suspended sentence. In full view of all the sentencing data in the records such as the defendant's age, character, conduct and environment, etc., the sentence of the court below is too unreasonable.

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