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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. The sentencing of the lower court (ten months of imprisonment) is too unreasonable.
2. Determination
A. The instant crime is driving by the Defendant with a high alcohol content of 0.121%.
In the event of traffic accidents, 16 weeks of medical treatment is suffered by the victim, and 16 weeks of medical treatment is damaged by the victim, and the responsibility of the defendant is not weak.
B. On the other hand, there are favorable circumstances to consider, such as the fact that the Defendant was not sentenced to imprisonment and is going not to drive under the influence of alcohol again, and that the victim does not want the punishment of the Defendant when it comes to the trial.
In addition, considering the Defendant’s age, family relations, living environment, details and result of the crime, and the circumstances after the crime, the lower court’s punishment is unreasonable.
3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the judgment of the court below is identical to each corresponding column of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 151 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015) concerning the crime;
1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment imposed on a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes and a crime of violating the Road Traffic Act which are more severe punishment;
1. Selection of each sentence of imprisonment;