The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The lower court’s sentence (one year of imprisonment, two years of suspended sentence, one year of observation of protection, one year of community service, 120 hours of lecture of compliance, 40 hours of lecture of compliance) is deemed to be too uneasy and unfair.

2. The judgment that the defendant reflects the crime, the degree of injury suffered by the victims, the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, and the fact that the defendant agreed with the victims is favorable to the defendant.

On the other hand, the following is disadvantageous.

The defendant has been punished for a number of crimes, including two times of suspension of execution and sentence, for the same crime.

In spite of that, while driving under the influence of drinking, the crime of this case was committed by causing a traffic accident and causing an injury to two victims.

Recently, as a measure for high recidivism risk of drinking drivers and the seriousness of traffic accident damage caused by drinking driving, it is a common perception of many people that they should punish more strongly.

In light of this, there is a need to punish the accused for the crime that causes a traffic accident through repeated and damp drinking driving as the crime in this case and causes a traffic accident.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is deemed to be too uneasible and unfair, and thus, the prosecutor’s assertion is reasonable

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

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.