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

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

2. Considering that the nature of the instant crime is not good, and that the Defendant repeatedly committed the instant crime despite the same criminal record, it is necessary to strictly punish the Defendant.

However, in light of the fact that the defendant was living in custody for about three months, that his mistake is divided in depth, that the defendant paid a considerable amount of money and agreed with the victims, that there was no criminal record exceeding the fine, that the family of the defendant wants the defendant's preference, and that the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the defendant's age, sexual behavior and environment, motive, means and consequence of the crime, the punishment of the court below is too unreasonable, and therefore, the above argument by the defendant is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1, Article 44 (1) of the Traffic Act (the point of drinking), Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of occupational and de facto injury) and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 (Punishments provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents between Crimes of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment for Crimes of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against H of a victim with heavier criminal standing);

1. Punishment of imprisonment without prison labor shall be imposed on the crimes violating the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment;