The judgment of the court below is reversed.

The punishment of the accused shall be determined by six months of imprisonment.

However, from the final date of this judgment.

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The judgment of the defendant properly recognizes his mistake and scraping a motor vehicle used for the crime of this case, etc. The crime of this case is a simple driving without permission, which does not entail drinking or traffic accidents, there are circumstances to consider the circumstances leading to the crime of this case, and the fact that the defendant is a disabled person of Grade IV with hearing disability.

On the other hand, the Defendant committed the instant crime without being sentenced to five times or more due to drinking or unlicensed driving, and in particular, the Defendant committed the instant crime without being sentenced to two years of suspended sentence on September 26, 2014 due to drinking or unlicensed driving on September 26, 2014.

In addition, comprehensively taking account of the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the sentence imposed by the lower court is deemed to be too uneasible and unfair. Therefore, the Prosecutor’s assertion is with merit.

3. As such, 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.

[Separate Judgment] Summary of facts constituting an offense and evidence recognized by the court is identical to the facts constituting an offense and summary of evidence as stated in each corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Article 62 (1) of the Criminal Act;