The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) of the original judgment is too unreasonable.

2. The judgment is an unfavorable circumstance that the defendant has a record of being sentenced to a fine several times for the same crime, and the driving distance reaches 1km.

However, the fact that the defendant has recognized his mistake and is in depth divided, that there was no traffic accident, etc. caused by the crime of this case, that there was no record of punishment for the same kind of crime since 2007, that support the old-parent and is responsible for the livelihood of his family. In addition, considering the defendant's age, character and behavior, environment, motive and circumstance of the crime, before and after the crime, the sentence of the court below is somewhat unreasonable.

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the corresponding column of the original judgment.

Article 369 of the Criminal Procedure Act is quoted as it is.

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;

1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;