The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

2. On the other hand, the alcohol content in the blood of this case is considerably high as 0.198% and 0.137%, and the criminal procedure due to the preceding crime is conducted again while the criminal procedure is in progress, and the quality of the crime is not very high, and the defendant has already been punished three times due to drinking driving and one time due to non-licensed driving.

However, the defendant is against the charge, and the degree of injury of the victim due to the accident in this case is not much severe, and the female does not want the punishment of the defendant upon agreement with the victim.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is unreasonable.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again 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. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injuring a dangerous driving), Articles 148-2 (2) 2 and 44 (1) (the point of drinking on December 15, 2015) of the Road Traffic Act concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) (the point of drinking on March 9, 2016) of the Road Traffic Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license) concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of each Criminal Act for the crimes of violating the Road Traffic Act, which are heavier between the crimes of violating the said Act on December 15, 2015 and the crimes of violating the said Act on March 9, 2016, respectively;

1. Selection of each sentence of imprisonment;

1. The aggravated Criminal Act for concurrent crimes.