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.

The punishment of the court below (one year of imprisonment) is too unreasonable.

2. While the Defendant was found to have driven a motor vehicle again on or around April 21, 2020 while driving a motor vehicle again on or around March 12, 2020, resulting in a traffic accident and causing injury to the victim. The fact that the blood alcohol concentration was high at the time of each crime is disadvantageous to the Defendant.

However, in full view of the favorable circumstances, such as the Defendant’s mistake, the fact that the Defendant is deeply divided and reflected in depth, the fact that the Defendant disposed of the vehicle and did not repeat the crime, the fact that the victim of the traffic accident agreed smoothly with the victim of the traffic accident, the crime on April 21, 2020, which was committed on the day of the so-called night driving, may be somewhat taken into account due to the circumstance, and the fact that the female-friendly group, who had taken the Defendant’s leakage and marriage, wanting to take care of it, and other favorable conditions of sentencing as shown in the records and arguments of the instant case, including the Defendant’s age, character and behavior, the background of the crime, the circumstances before and after the crime, and the distance of operation, etc., it is recognized that

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the occupation

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social services and.