The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. In the instant case where the Defendant, who was a dangerous object, injured the victim, and driving without a license or drinking, had previously been sentenced to a fine twice due to a violation of the Road Traffic Act (non-licenseless Driving), it is reasonable to hold the Defendant liable with strict liability corresponding to the nature of the crime, in consideration of the fact that the Defendant was indicted by driving without a license and tried, another driver without license or driving without license, and other danger of the criminal tools used by the Defendant.

However, the Defendant recognized all the crimes of this case, and is against the law.

The degree of injury suffered by the victim of this case is not relatively more severe, and the defendant agreed with the victim in the first instance.

In addition, in full view of all the sentencing conditions in this case, such as the defendant's age, sex, environment, background and result of the crime, and circumstances after the crime, the sentence sentenced by the court below is too unreasonable.

3. As such, the defendant'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 the defendant's appeal is again decided as follows.

Criminal facts

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

Application of Statutes

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (Unlicensed Driving) of the same Act concerning the facts constituting an offense, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act (the point of drinking), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury) of the same Act;

1. Between the crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (unlicensed Driving on August 28, 2016) and the crimes of violating the Road Traffic Act (Unlicensed Driving on August 28, 2016) and the crimes of violating the Road Traffic Act.