The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1. The main point of the grounds for appeal is that the lower court’s punishment (ten months of imprisonment) is too unhued and unreasonable.

2. However, the Defendant is deemed to have led to confessions after recognizing the facts charged, and he seems to have not driven a drinking for a considerable period of time in 2003 before driving the last drinking.

However, among the blood of this case, alcohol concentration is considerably high as 0.166%, and the first accident of this case occurred due to the defendant's violation of the signal signal, and the degree of injury to the victims is considerably significant.

In addition, vehicles operated by the defendant are covered only by liability insurance, and the defendant does not seem to have made efforts to recover the victims' damage, and the defendant has already been punished four times each due to drinking and non-licenseless driving.

B. Of the instant crimes, the first accident among the instant crimes is likely to be committed during the period of suspension of execution due to a different type of crime. In full view of all other circumstances, the lower court’s sentence is deemed unfair, i.e., the following circumstances, including the Defendant’s age, sex, environment, family relationship, and the circumstances after the crime.

3. If so, the prosecutor's appeal is reasonable, and 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 facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the selection of imprisonment without prison labor), Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the occupation of drinking and the selection of imprisonment), Articles 152 Subparag. 1 and 43 of the Road Traffic Act (the occupation of driving without obtaining a license and the selection of imprisonment)

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 and 38(2) of the Criminal Code, which aggravated concurrent crimes.