A defendant shall be punished by imprisonment for six months.

The sentence of the lower court (one year of imprisonment, two years of probation, 40 hours of probation, 40 hours of a compliance driving lecture, and 40 hours of a alcohol treatment lecture) is too unhued and unreasonable.

Judgment

In full view of the fact that the Defendant had a record of being punished several times due to drinking driving, the traffic accident of May 29, 2014, which occurred on the part of the Defendant, is not likely to inflict an injury on three persons due to drinking driving, and that there is no agreement with the victims, etc., the sentence of the lower court is deemed unfair and deemed unfair.

Therefore, the prosecutor's argument of unfair sentencing is justified.

In conclusion, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (a point of sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Determination of imprisonment without prison labor and imprisonment with prison labor for the remaining crimes against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume is that the defendant has a record of having been punished several times due to drunk driving. On May 29, 2014, the traffic accident of May 29, 2014, which was conducted under the influence of alcohol content 0.151%, is not likely to cause an injury to three persons. There is no agreement with the victims or did not make a repayment due to damage, and is being investigated due to the above traffic accident, etc.