2. The circumstances favorable to the Defendant include: (a) the Defendant recognized his criminal act; (b) the degree of injury suffered by the victims is relatively minor; (c) the victims do not want punishment for the Defendant by mutual consent with the victims; (d) the instant vehicle was covered by a comprehensive motor vehicle insurance policy; and (e) the disposal of the instant motor vehicle in the trial.

However, in full view of the following factors: (a) the Defendant, who had been punished due to drunk driving, etc., was punished several times including imprisonment for 6 months; (b) the Defendant committed the instant traffic accident while driving a motor vehicle again; (c) the lower court sentenced to imprisonment with prison labor, which is the lowest sentence of the applicable punishment by discretionary mitigation; and (d) the Defendant’s age, character and conduct, home environment, motive and circumstance of the crime; (c) the means and consequence of the crime; and (d) the application of the sentencing guidelines of the Sentencing Commission, including the circumstances before and after the crime; and (e) it is not deemed that the sentence imposed by

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

However, Article 38(2) of the Criminal Act is ex officio added to "1. Concurrent Crimes" under Article 25(1) of the Regulations on Criminal Procedure.

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