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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
except that, for two years from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.
2. The judgment is a serious crime that may endanger the life and body of himself/herself and others. The revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for the crime. In particular, if a person who has been punished for drinking at least two times drives a motor vehicle, etc. under the influence of alcohol again, the provision was newly established that the person who was under the influence of alcohol shall be punished by imprisonment with prison labor for not less than one year but not more than three years or by a fine not less than 10 million won but not more than 10 million won. Each of the crimes of this case was committed in violation of the Road Traffic Act, and each of the crimes of this case was committed by the defendant who had been under the influence of two criminal punishment for the violation of the Road Traffic Act, due to negligence that did not accurately operate the steering direction and brake system under the influence of 0.148% and caused bodily injury to his/her passenger while under the influence of alcohol, and thus, it is necessary that the defendant was under the influence of alcohol at least three times, and there is a considerable need to punish him/her at the suspension of execution.
However, it appears that the defendant recognized the crime of this case and was against the defendant's living in custody for about two months, and that the defendant and the victim do not want punishment against the defendant, and that the defendant should not scrap and not repeat the vehicle of this case, etc., are favorable to the defendant.
The above unfavorable circumstances and favorable circumstances, and other circumstances, such as the defendant's age, character and conduct, environment, economic circumstances, family relationship, motive and circumstance of the crime, and circumstances after the crime.