A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

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

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

2. The judgment is disadvantageous to the Defendant that caused a traffic accident while drunk driving and caused a serious injury to the Victim C.

However, there is no record of recognizing and opposing the crime of this case; the defendant has been punished for the same kind of crime or subject to criminal punishment exceeding the fine; the defendant also suffered injury such as the right-hand snow due to the traffic accident of this case; the vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance; the defendant seems to have been in the time of self-esteem through confinement life for about six months; and the defendant has reached an agreement with the victim C only smoothly with the victim of this case.

In full view of these circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, conditions of sentencing as shown in the arguments, such as circumstances after the crime, and the results of the application of sentencing guidelines by the Supreme Court sentencing committee, the sentence of the court below is considered unfair.

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

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.

(A) Although an appeal by a prosecutor is without merit, the appeal by a prosecutor shall not be dismissed separately from the disposition of the court, unless the decision of the court below is accepted by the defendant and the decision of the court below is reversed). (The reason why the decision is multiple] Criminal facts and summary of evidence are the same as that of the judgment of the court below, and thus, the summary of facts and evidence recognized by

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018) concerning the relevant criminal facts committed.