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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The summary of the grounds for appeal (a prison term of one year and six months of imprisonment, a suspended sentence of three years, a community service order of 200 hours and an order to attend a law-abiding lecture of 40 hours) imposed by the court below on the defendant is too uneasible and unreasonable.
2. It is recognized that there are economic difficulties, such as the fact that the defendant has committed a crime in whole, and his mistake is divided in depth, that the victim does not want the punishment of the defendant by mutual consent with the victim and that the defendant has four children, and that it is the most likely that the defendant has four children and is repaid 50,000 won per month through the Credit Counseling and Recovery Committee.
However, the instant crime committed, however, was committed by the Defendant while driving a vehicle under the influence of alcohol without a driver’s license while causing a traffic accident, resulting in the victim’s injury in need of medical treatment for about six weeks, and runs away without taking any measures even after destroying the damaged vehicle. As such, the Defendant’s blood alcohol concentration was 0.204%, and the degree of the injury suffered by the victim is not less weak, and the nature of the crime and the process of the escape after the occurrence of the accident is serious.
In addition, in 2002 and 2006, the Defendant was sentenced to a fine for a violation of the Road Traffic Act (driving) in 2007 and was sentenced to a suspended sentence for a year of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Vehicle), a violation of the Road Traffic Act (driving Vehicle) and a violation of the Road Traffic Act (Free Driver) in 2007, 2009 and 201, and was sentenced three times to a fine for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Free Driver) in 2007.
The above circumstances and the defendant's age, character and conduct, and other circumstances.