The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.

2. The judgment that the defendant repeats his/her drinking again even though he/she had the history of punishment for drinking driving, the blood alcohol concentration at the time of each crime is high, and the defendant's crime is hot when considering the circumstances of each accident.

However, considering the various sentencing conditions indicated in the records and arguments of this case, the lower court’s punishment is too unreasonable, considering the following: (a) the Defendant recognized each crime; (b) the victims of traffic accidents do not want the Defendant’s punishment; (c) the victims have been punished; (d) there was no history of punishment heavier than the Defendant’s fine; and (e) the most recent same type of crime was committed in 2009.

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

[Discied 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 of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions on criminal facts: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (a point where measures are not taken after accidents);

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Selection of imprisonment;

1. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (Consideration favorable to the preceding);

1. Orders for probation or education: Article 62-2 of the Criminal Act;