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

The punishment of the lower court (ten months of imprisonment) is too unreasonable.

Judgment

Each of the crimes of this case is an unfavorable circumstance in which the Defendant caused a traffic accident while driving on an expressway, resulting in an injury to the 11st victim, and the nature of the crime was extremely poor, and that it did not reach an agreement with most victims up to the trial. The driving distance is very long distance of 44 km.

However, there are favorable circumstances, such as the fact that the defendant recognized each of the crimes in this case and reflected against each of the crimes, that is the first offense without any criminal records, that is, five million won for the victim E with the largest degree of injury during the trial, and that the victim E expressed his/her intent not to punish the defendant by mutual consent with the victim E, that the blood alcohol level is not relatively high, and that the victim's damage was presumed to have been recovered to a certain extent through the insurance subscribed by the defendant.

Considering the circumstances favorable to the defendant and the unfavorable circumstances, comprehensively taking into account the following factors: Defendant’s age, character and conduct, environment, circumstances surrounding the crime, and circumstances after the crime, etc., the lower court’s punishment was somewhat unreasonable as it changes the sentencing conditions in the trial, resulting in the change of the sentencing conditions.

Therefore, the defendant's assertion of unfair sentencing is justified.

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1), proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts.