The judgment below

The part against the defendant shall be reversed.

The punishment of the accused shall be determined by one year and six months.

Summary of Grounds for Appeal

The punishment of the court below (two years of imprisonment) is too unreasonable.

Judgment

Narcotic-related crimes are disadvantageous sentencing factors, such as the fact that the crime is very serious in terms of social harm and the risk of recidivism, that the defendant has already been sentenced to one-time punishment due to an arrangement to trade phiphonephones, that there are many criminal records due to drinking and non-licensed driving, that each of the crimes of this case was committed during the repeated period, that the blood alcohol concentration level of the defendant is not lower than 0.105%, that the defendant's blood alcohol concentration level is not lower than 0.105%, and that the defendant escaped even while driving a motor vehicle

However, it is hard to say that the Defendant would not repeat again while against each of the crimes of this case. In addition to the deposit of KRW 300,000 for the victim of traffic accident at the court below, the Defendant agreed with the above victim for the first time in the appellate trial is a favorable sentencing factor. Considering the frequency and quantity of the Defendant’s administration or delivery of phiphonephones, the circumstances after the crime of this case, the Defendant’s age, character and conduct, environment, etc., as a whole, the lower court’s punishment is deemed unreasonable, and thus, the Defendant’s assertion is reasonable.

Therefore, since the defendant's appeal is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

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, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 60(1)2, 4(1), and 2(3) (b) (the receipt and receipt of scopon and provision of medication) of the Act on the Control of Narcotics, etc. under the corresponding Act on the Criminal Facts, Article 152 Subparag. 1, and Article 43 of the Road Traffic Act, Articles 148 and 54 of the Road Traffic Act.