The first original judgment shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

, however, for two years from the date this judgment becomes final and conclusive.

1. Regarding the summary of the grounds for appeal (the first instance court: 2 years of suspended sentence for 10 months; 2 months of imprisonment for compliance driving; 6 months of imprisonment for community service; 2 months), the Defendant asserts that the punishment of the first and the second instance court is too unreasonable, while the Defendant asserts that the punishment of the first and the second instance court is too unreasonable, the prosecutor filed each appeal by asserting that the first and the second instance court’s punishment is too unreasonable.

2. Determination

A. The lower court’s judgment’s reasoning for sentencing is not somewhat weak, such as causing an accident while the Defendant was running a vehicle without being insured despite the fact that the Defendant had been punished several times for traffic crimes, and causing injury to the other driver of the vehicle and destroying the vehicle.

However, as seen below, the Defendant was dismissed the appeal on the second judgment and the said judgment is reversed in the final appeal and thus, barring special circumstances such as the reversal of the said judgment in the final appeal, and accordingly, was sentenced to a suspended sentence of 8 months on November 26, 2015 at the Gwangju District Court and sentenced to a suspended sentence of 2 months on December 4, 2015, and the suspended sentence on December 4, 2015 will be revoked.

Accordingly, the defendant should take a compliance driving lecture and provide community service in accordance with the first judgment after he/she completed his/her prison life for 14 months, which is not in compliance driving lecture or community service order but is excessively harsh to the defendant.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, character and conduct, and circumstances after committing the crime, it is reasonable to remove the participation in compliance driving and community service from the sentence of the first instance judgment.

Therefore, we accept the Defendant’s allegation of unfair sentencing on the first instance judgment.

B. The blood alcohol concentration of the defendant of the second judgment is very high to 0.199%, and the defendant has already been punished six times due to drinking or non-licensed driving.