The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant, despite the power of punishment twice due to drinking driving, did not take relief measures to cause the instant traffic accident while driving alcohol while driving alcohol, and refused to take a drinking test. The fact that the two costs of the instant traffic accident are damaged due to the instant traffic accident, and that the overall damage of the victim, such as the injury, is disadvantageous to the defendant.

On the other hand, the fact that the defendant repents and reflects his mistake, there is no history of punishment exceeding the fine due to the same crime, there is no history of punishment due to the drinking driving since 2002, the victim's injury is relatively heavy, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, the court below agreed with the victim F and H, and paid one million won to the victim G, and the fact that the defendant agreed with the victim I in the trial is favorable to the defendant.

In addition, in consideration of all the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex, environment, motive for committing a crime, and circumstances after committing a crime, the lower court’s punishment is somewhat unreasonable.

Therefore, the defendant's above assertion is justified.

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.

【Re-written part of the judgment below] Criminal facts and summary of the evidence recognized by the court and summary of the facts constituting the crime and summary of the evidence are identical to each of the corresponding columns of the judgment below. Thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act (the injury resulting from business and actual injury) concerning criminal facts as provided in the corresponding Act.