The judgment of the court below is reversed.

Defendant shall be punished by a fine of eight million won.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The crime of this case was committed by the Defendant while driving alcohol or without a license, resulting in a traffic accident involving personal injury, and furthermore, he was in possession of it in advance.

In presenting H’s driver’s license, the perpetrator was investigated as if he were H and made it difficult to identify the perpetrator. In light of the background, content, methods, etc. of the crime, the crime is not good, the alcohol concentration in blood is higher than 0.145%, and the Defendant is highly likely to commit the crime of this case without being aware of even though he was under the period of probation.

However, in full view of all the circumstances, including the fact that the defendant had been punished for driving alcohol, the defendant's age, sex, environment, background, method, circumstance after the crime, criminal record, etc., and all other circumstances, including the records of this case and the previous theory of sentencing, the sentence imposed by the court below is unreasonable, in full view of the following circumstances: (a) the degree of injury suffered by the victims is relatively minor; (b) the victim and the victim have agreed smoothly with the victims; (c) the vehicle driven by the defendant has been covered by a comprehensive motor vehicle insurance; (d) the time for self-esteem has been detained for at least two months in this case; (e) the possibility of improvement and future of the defendant who has yet to reach the age of 21 years in society; and (e) the record and the previous theory of sentencing as indicated in the previous theory.

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 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, Article 369 of the Criminal Procedure Act is applicable.