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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.
2. According to the judgment, the accident of this case requires strict punishment of the defendant, on the grounds that the defendant's driving of the vehicle under the influence of 0.19% alcohol concentration was taken into account, and the quality of the crime was poor that the victim was receiving the fire-fighting vehicle that the victim driven by the center line after receiving the plastic water from the right direction. The victim suffered serious injury on the right side of 6 weeks due to the accident of this case, which requires about 6 weeks medical treatment, 1.2.3 times the period of punishment of the defendant due to drinking driving, 60 million won or more due to the traffic accident of this case, and 6,000 won or more due to the traffic accident of this case, it is necessary for the court below to strictly punish the defendant, on the other hand, considering the fact that the defendant led to the crime of this case, and stated that the defendant is divided into 3 million won for the victim, and that the defendant's physical life and behavior of the defendant and 4 million won for the victim can be found to have agreed to pay the victim's physical injury.
3. Accordingly, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the appeal is again made as follows.