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 two years from the date this judgment became final and conclusive.

1. The sentence of the court below (one year of imprisonment) is too unreasonable.

2. The Defendant, after drinking alcohol, caused a traffic accident while driving a motor vehicle in a non-licensed condition, caused an injury to the victim with heavy influence on the five preceding week method. Since the Defendant refused to measure a drinking alcohol after the accident, the nature of the crime is not somewhat weak.

In addition, 4 times of drinking and non-licensed driving are combined with each other.

However, the Defendant agreed with the victim in the lower judgment.

(In light of the reasoning of the lower judgment’s sentencing, the lower court appears to have not reflected the above agreement when determining the sentence. The Defendant subscribed to a comprehensive motor vehicle insurance policy.

The crimes are against the crimes.

In addition, the sentence of the court below is too unreasonable in light of all the circumstances such as the defendant's age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following decision is rendered after pleading

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence are the same as the corresponding part of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2, Article 268, Articles 148 and 54 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

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

1. The Criminal Act, the suspension of execution;