The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (one hundred months of imprisonment) is too unreasonable.

2. The judgment of the Defendant had a record of being punished by a fine due to the crime of driving a motor vehicle in light of alcohol in 2015, and even after the driver's license of the motor vehicle was revoked, the Defendant, while driving a motor vehicle again, inflicted an injury on three persons of the motor vehicle accident while driving the motor vehicle, and immediately after the accident, the Defendant committed an act of assaulting the police officer while refusing to take the measurement of drinking, etc., is disadvantageous to the Defendant.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant has both recognized and reflected the crime, and that the defendant has agreed with the victim of the traffic accident at the appellate trial, and other circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime, it is recognized that the punishment imposed by the court below against the defendant is too unreasonable.

Therefore, the defendant's argument of sentencing is justified.

Criminal facts

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

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 151 of each Road Traffic Act (a point of causing damage to business and actual property), Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (a point of drinking), Articles 152 (1) 1 and 43 of the Road Traffic Act (a point of causing damage to business and actual property), Article 136 (1) of the Criminal Act (a point of obstructing the performance of public duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.