A defendant shall be punished by imprisonment for six months.

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

2. The Defendant: (a) driven a vehicle not covered by mandatory insurance; (b) brought an injury to three persons in the event of an accident involving the riding of a passenger vehicle, which is a damaged vehicle; and (c) the blood alcohol concentration at the time was 0.094% higher.

In addition, the defendant cannot be deemed to have been in a faithful trial due to the absence of part in the judgment of the court below, and even one time prior to the violation of the Guarantee of Automobile Accident Compensation Act.

However, after the pronouncement of the judgment of the court below, the defendant did not want the punishment of the defendant, and the victim's injury is unhutiled, and the above previous conviction is a minor fine of 200 years, and no other defendant was punished for traffic-related crimes.

In this context, considering the fact that the defendant's mistake is against the defendant and all other sentencing conditions shown in the arguments, the sentence of the court below is too heavy.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

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

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, Article 3 (1), the proviso to (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, the main sentence of Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes.