The punishment of the court below (six months of imprisonment) is too unreasonable.

Judgment

The fact that the defendant repents his mistake and reflects his mistake, and that the insurance company paid the medical expenses (one million won each) and the repair expenses (400,000 won each) to the victims in the insurance company is favorable.

However, at the time of the crime of this case, the blood alcohol concentration of the defendant was not specified as 0.143%, the traffic accident of this case occurred due to gross negligence such as the drinking driving of the defendant, and the victims suffered injury requiring medical treatment for each two weeks, the defendant repeated the crime of drinking driving even though there was a history of punishment several times of drinking driving, which is not agreed with the victims up to now, and there is no change in special circumstances or circumstances that may be considered newly after the decision of the court below, and there is no other changes in the defendant's age, character and behavior, environment, the background and consequence of the crime of this case, and the scope of the recommended sentencing guidelines established by the Supreme Court on the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (D-10 months of imprisonment) / [the range of recommending punishment] The basic area (4-10 months of traffic accident) of the first category of ordinary traffic accident [the special mitigation person] [the defendant's argument that the defendant's punishment of this case is unlawful in light of the defendant's basic proviso to Article 2(2) of the Act]

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.