The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of four months, one year of suspended execution, 80 hours of community service order, 40 hours of compliance driving lecture) is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the prosecutor added “Article 34(1) of the Criminal Act” to “Article 34(1) of the Criminal Act as to the damage of property among the facts charged in the instant case,” and applied for amendments to the indictment with the content that “a total of 230,020,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,

In this regard, the lower court sentenced the remaining facts charged in relation to concurrent crimes under the former part of Article 37 of the Criminal Act with the above facts charged, and thus, the lower judgment cannot be maintained any more.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is identical to the corresponding column of the judgment below, except where the court below’s order that “a total market value of approximately KRW 2302,00,000” among the damaged parts of property in paragraph (1) of Article 1 of the Criminal Procedure Act is deemed as “influence of market price,” and “through a person who knows such fact,” and “ through a person who knows such fact,” thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 366, 34(1), and 31(1) (the selection of property damage and imprisonment) of the Criminal Act concerning the crime, and Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the driving of alcohol and the choice of imprisonment with labor);

1. Article 37 of the Aggravation of Concurrent Crimes Act.