The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination is a situation unfavorable to the Defendant, such as: (a) the Defendant was punished on one occasion in 2014, 2015, and 2016 on one occasion in each year; (b) the Defendant was punished for causing a traffic accident while driving a motor vehicle without a driver’s license even though he/she was punished as causing injury to dangerous driving and refusing to measure drinking; (c) the degree of injury the victim suffered; (d) the degree of alcohol concentration is serious; and (e) the blood alcohol concentration is very high.

However, considering the fact that the defendant agreed with the family members of the victim, that the defendant is living in custody for more than five months, that there is no criminal record exceeding the fine, that there is no criminal record of the defendant, and other various circumstances that are conditions of sentencing as shown in the records and arguments of this case, such as the age, sex, environment, circumstances and result of the crime, etc., the sentence of the court below is too unreasonable.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

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

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the point of driving without a license) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Selection of penalty: