The judgment of the court below is reversed.

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

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

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering the fact that the crime of this case is not good, and that the defendant again committed the crime of this case despite the previous conviction of several times, strict punishment against the defendant is needed.

However, the court below's punishment is too unreasonable because it is recognized that the defendant's mistake is too unreasonable considering the conditions of sentencing specified in the argument of this case, such as the defendant's age, sexual conduct and environment, motive, means and consequence of the crime, circumstance after the crime, etc.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol, the choice of imprisonment), Article 3 (1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the point of causing occupational negligence, the choice of imprisonment without prison labor) concerning criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act (limited to the extent that the punishment is added up by the maximum term of the crimes on special cases concerning the treatment of heavy traffic accidents) and the concurrent crimes (limited to the extent that the punishment is added up by the maximum term of the crimes on special cases concerning the treatment of heavy traffic accidents): Provided, That the minimum term of the punishment determined for the crimes on the violation of

1. Article 62 (1) of the Criminal Act on the suspended execution;