The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable.

2. The judgment driving is a very dangerous crime that may cause unexpected behaviors to the life and home of others by raising the possibility of traffic accidents, and thus, is bound to bear strict responsibility for the relevant acts to prevent such crimes. Although the Defendant had already been punished for the same kind of crime in 2018, he/she again commits the instant crime, and the fact that the instant crime causes large-scale and large-scale accidents due to the instant crime, etc. are disadvantageous to the Defendant.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant is living against his mistake during a period of three months of detention, the fact that there was no record of punishment exceeding the fine due to the same kind of crime and the crime of a different kind of crime, and that the victims agreed at the court below without being injured by the victims, etc., the motive, circumstance, means and method of the crime of this case, circumstances before and after the crime of this case, and other various circumstances, such as the defendant's age, character, behavior, career, environment, etc., the sentence of the court below is deemed to be too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are all the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The injury resulting from dangerous driving under the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, under Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act as to the crime;