The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence of the lower court (six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, the prosecutor examined the part of the facts charged [the records of the crime] in the trial of the court below, and the prosecutor applied for changes in the indictment to the effect that "the defendant was sentenced to a summary order of KRW 3 million due to a crime of violating the Road Traffic Act (driving in drinking), on October 17, 2008, and on October 6, 2010, the defendant applied for changes in the indictment to the effect that "the defendant was sentenced to a suspension of execution of two years due to a crime of violating the Road Traffic Act (driving in drinking)," and since this court permitted the changes in the subject of the judgment, the judgment of the court below was no longer maintained.

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 unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the defendant's criminal facts and the summary of the evidence acknowledged by the court below are as follows: "The defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving on October 17, 2008) with respect to the extension support of Suwon Friwon Friwon Friwon Friwon Friwon Friwon, and the defendant was sentenced to a suspended sentence of two years for a period of eight months due to a violation of the Road Traffic Act (driving on October 6, 2010)." Thus, the part of the judgment of the court below is as stated in each corresponding column of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount are against the time when the crime of this case is committed, and driving a vehicle.