The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (six months of imprisonment) is too unreasonable.

However, since the defendant was committed again during the suspension period of execution due to the same crime, the criminal liability of the defendant is not weak.

However, considering all other circumstances, such as the defendant's age, character and conduct, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentencing of the court below is too unreasonable.

Thus, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;