A defendant shall be punished by imprisonment for six months.

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

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the defendant has been subject to punishment once or twice due to driving without a license, and even if so, he/she is under the influence of alcohol and causes injury to others without a license, and is disadvantageous to others.

However, it is advantageous to the fact that the defendant recognizes the crime of this case and reflects it, and the victims do not want the punishment of the defendant.

In addition, comprehensively taking account of the Defendant’s age, sex, family relationship, circumstances after the commission of the crime, and various sentencing conditions as shown in the instant records and pleadings, the lower court’s punishment is too unreasonable.

Defendant’s assertion is reasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled as follows after pleading.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court are identical to facts constituting an offense and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the crime, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (referring to the act of driving a motor vehicle without a license) concerning the crime;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (i) are the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, punishment provided for the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the victims C who are of the largest criminal situation, (ii) are the crimes of violation of road traffic Act (toxicly driving) and the crimes of violation of road traffic Act (non-licenseless driving).