The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal is unfair because the punishment of one and half years of imprisonment with prison labor sentenced by the court below against the defendant is too unreasonable.

2. Determination of the crime of violation of the Act on the Special Cases Concerning the Settlement of Traffic Accidents, among each of the crimes of this case, the Defendant opened and operated a private sports promotion betting site in collusion with B, E, C, and D to open a private sports gambling site (hereinafter referred to as the “illegal sports soil site”), and in collusion with B to take over the passbook and cash card in the name of another person necessary for the operation of the above site, in light of the plannedness of the crime, and the risk of social harm caused by the crime, etc., the crime of violation of the Road Traffic Act and the Act on the Special Cases Concerning the Settlement of Traffic Accidents is not easy. The Defendant committed the crime of violation of the Act on the Special Cases Concerning the Settlement of Traffic Accidents, while driving a motor vehicle under the influence of 0.096% of the blood alcohol concentration while neglecting his/her duty of care, and committing a repeated crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “the crime of larceny”). In particular, the Defendant was sentenced to imprisonment with prison labor for the victim, Q, and T (2 years).

However, it appears that the Defendant recognized each of the crimes in this case, and thus, would be against the Defendant’s mistake, and that he participated in the crime by inducing an accomplice B who led the opening of gambling, etc., and the degree of participation is relatively not more severe, and it appears that the Defendant’s profits derived from the crime such as opening of gambling, etc. are almost little, and there was an agreement with Q as the victim of the traffic accident, which was in the first instance, and that he was in the first place against the Defendant.