The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The decision of the court below on the gist of the grounds for appeal (one hundred months of imprisonment) is too unreasonable.

2. The Defendant, while driving a drinking alcohol, has inflicted an injury on the victim by assaulting him/her while driving his/her alcohol and repeated his/her license for drinking without a license during his/her trial. In light of the method of crime and the degree of damage, there is no record of punishment several times for the same crime, and the Defendant repeated the instant crime even during the period of repeated offense due to the crime of this paper.

However, in light of the favorable circumstances such as the Defendant’s mistake, the Defendant’s mistake, the fact that the Defendant did not repeat the offense, the fact that the injured party does not want the punishment against the Defendant by mutual consent with the victim, and the fact that there is a family member to support the Defendant, etc., and all of the sentencing conditions in the instant case, including the age, sex, environment, background and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the lower court’s punishment is too unreasonable, and thus, the above argument by the Defendant is reasonable.

3. As such, the defendant's appeal is with merit, and 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 again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 subparag. 3 of the Road Traffic Act and Article 44(1) (the point of self-driving on April 9, 2017) of the same Act concerning criminal facts; Article 257(1) of the Criminal Act (the point of injury); Articles 148-2(1)1 and 44(1) (the point of self-driving on August 27, 2017) of the Road Traffic Act; Articles 152 subparag. 1 and 43 of the Road Traffic Act (the point of non-licensed driving) concerning criminal facts;

1. The crime under Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes is the crime of violating the Traffic Act by the person who committed August 27, 2017.