A defendant shall be punished by imprisonment with prison labor for up to six months.

except that, for two years from the date this judgment becomes final and conclusive.

2. In light of the fact that the Defendant had been punished four times for the same kind of crime, and that the Defendant once again drives the instant drinking, while driving under the influence of alcohol, caused the victim’s injury, in violation of the signal at the intersection while driving under the influence of alcohol, etc., the liability for the crime is not weak.

However, considering the favorable circumstances, such as the fact that the defendant recognized all of the crimes in this case, the victim does not want the punishment of the defendant, the degree of injury of the victim is not severe, and the fact that the defendant has no record of being punished by a fine of KRW 3 million due to a drunk driving on December 29, 2008, and the fact that he has no record of being punished by a drunk driving on December 29, 2008, and other factors of sentencing indicated in the records, such as the circumstance, age, character, character, environment, motive and circumstance of the crime, motive and circumstance of the crime, the means and consequence of the crime, etc., in full view of the circumstances where the defendant supports the aged and his family with visual disability, the sentence of the court below is too unreasonable. Thus, the above argument by the defendant

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1), the proviso of Article 3(2)1, and Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(1)1, and Article 44(1) of the Road Traffic Act concerning criminal facts (the occupation of a person causing occupational injury, the choice of a person without prison labor), and Article 44(1) of the Road Traffic Act.