The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The summary of the grounds for appeal (unfair punishment) by the lower court (two years of imprisonment) is too unreasonable.

2. Determination is an unfavorable condition, such as the fact that the Defendant had been punished for drinking and driving without a license on several occasions, and that the blood alcohol concentration at the time of committing the crime reaches 0.193%, and was in a state of drinking.

However, in full view of the favorable circumstances, such as the Defendant’s mistake in depth, the distance of drinking and unlicensed driving is relatively short, the degree of injury suffered by the victim is not much serious, and the Defendant agreed smoothly with the victim, and the fact that there is no record of punishment heavier than a suspended sentence due to the same kind of crime, and other circumstances such as the motive and background of the instant crime, the means and method thereof, the circumstances before and after the instant crime, and the Defendant’s age, character, behavior, career, environment, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

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

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act; subparagraphs 1 and 43 of Article 152 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. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes.