The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The fact that the defendant recognized his mistake and reflected in his judgment is favorable to the defendant, or that the defendant has been punished several times for the same kind of crime, and in particular, the defendant committed the crime of this case again and repeatedly committed the crime of this case even though he was under the suspension of execution one time.

Considering the above circumstances and other conditions of sentencing as indicated in the record, including the Defendant’s age, sex, environment, motive for committing a crime, and circumstances after committing a crime, the sentence imposed by the lower court is deemed unfair and unfair.

Therefore, the prosecutor's above assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each 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. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The sentencing of Article 62(1) of the Criminal Act shall be determined as ordered by taking into account the various circumstances examined in the judgment of Article 62(2) of the Criminal Act with the reason for sentencing.