The judgment of the court below is reversed.

The punishment of the accused shall be determined by six months of imprisonment.

Summary of Grounds for Appeal

The punishment of the court below (two years of suspended execution for ten months of imprisonment, one of 120 hours of community service, and forty hours of law-abiding lecture) is too uncomfortable and unfair.

Judgment

It is a favorable sentencing factor, such as the fact that the defendant does not repeat again while reflecting his mistake, the injury suffered by the victim is not severe, the defendant's vehicle is covered by a comprehensive insurance, and the victim does not want punishment for the defendant.

However, considering the following factors: (a) the Defendant had already been punished three times for driving without a license (the period of probation is two times) and the blood alcohol concentration of the Defendant’s blood alcohol level is very high to 0.251% and the Defendant caused a traffic accident while driving under drinking; and (b) other factors of sentencing as indicated in the pleadings, such as the background of the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is deemed unreasonable, and thus, the Prosecutor’s assertion is reasonable.

3. Therefore, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the sum of the punishment imposed on the death or injury resulting from dangerous driving) that is heavier than that provided for in the said Act;