The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Although the Defendant was sentenced to a suspended sentence of imprisonment due to the refusal of alcohol measurement, etc. and was sentenced to a suspended sentence of imprisonment due to the revocation of a driver's license, the Defendant needs to be subject to corresponding punishment for the Defendant in that he/she causes a traffic accident while driving a motor vehicle without the driver's license, resulting in injury to the victim. In addition, the blood alcohol concentration at the time of committing the crime is relatively high, and the Defendant has been sentenced two times of suspended sentence of imprisonment due to drinking, driving without the driver's license, and refusing to take the alcohol measurement.

However, in full view of the following circumstances: (a) the Defendant committed a crime while committing a crime; (b) the victim did not want the punishment of the Defendant by mutual agreement with the victim; (c) the degree of injury suffered by the victim is relatively minor; and (d) the Defendant’s age, sex behavior, environment, family relationship, etc., the lower court’s punishment is excessively unreasonable.

3. The decision 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 judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description in each corresponding column of the judgment below, and thus, it is acceptable to accept it in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1), Article 3 (2) (proviso) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.