The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The defendant asserts that the sentencing of the court below on the summary of the reasons for appeal (eight months of imprisonment with prison labor) is too small, and the prosecutor is too unhued and unfair.

2. The Defendant repeatedly committed the instant crime even though he/she had been subject to punishment several times due to the same type of crime, such as drinking, unlicensed driving, etc.

In the instant traffic accident, victims E suffered an injury requiring approximately six weeks of medical treatment.

However, the defendant's mistake is recognized and seriously reflected, and the defendant agreed with the victim E.

The defendant is aged 80 years of age, and the state of health is not good as the defendant suffers from the heart color, and he was detained for about six months before the suspension of detention.

In full view of the circumstances, including the above circumstances, such as the character, conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., the sentencing of the lower court is deemed to be too poor than that of the defendant, and is thus unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading.

[Re-written judgment] The same as the relevant column of the lower judgment’s judgment on criminal facts and summary of evidence.

Application of Statutes

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license), Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Compensation for Damages of Each Motor Vehicles Act (the point of operating a motor vehicle which is not mandatory insurance) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;