The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The prosecutor’s sentence (two months of imprisonment, two years of suspended execution, and two hundred hours of community service) of the lower court is deemed to be too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The Defendant’s recognition of the instant crime is against the Defendant, and the fact that the instant crime appears to have not affected the outcome of the trial in the relevant criminal case against the Defendant (Cheongju District Court 2013DaMa463, Cheongju District Court 2013DaMa463, hereinafter referred to as the “Road Traffic Act”) is likely to be considered favorably for the Defendant.

However, perjury requires punishment corresponding to the crime that obstructs the proper exercise of judgment authority, which is the judicial action of the State, and the discovery of substantial truth, while the defendant was punished by a fine for the same kind of crime, the defendant committed the crime of this case that makes D give testimony as if he drives a motor vehicle on his behalf, in the related criminal case. Furthermore, the circumstances after the crime of this case are not good after the crime of this case, such as requiring D to reverse the statement when he confessions the perjury at an investigative agency after the crime of this case was committed. Since the same crime of this case and the crime of this case all of the defendant committed the crime of drinking driving in the past, it is necessary to prevent recidivism of the crime of this case, and considering various sentencing conditions shown in the records, such as the defendant's age, character and conduct, family relation, circumstances of the crime, and circumstances after the crime, it is deemed that imprisonment with prison labor (two months, two years of suspension of execution, two years of execution, and two million hours of social service) is too unfair.

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.

As long as the appeal by the defendant is groundless, but the judgment of the court below is reversed by accepting the appeal by the public prosecutor, it is separately ordered.