The judgment of the court below is reversed.

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

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. Each of the instant crimes is a crime committed during the period of suspension of the execution due to a crime of different types, and the Defendant was subject to punishment three times due to drinking driving, and the Defendant’s repeating of the crime is disadvantageous to him/her, even though he/she was subject to punishment three times.

However, the facts that the defendant recognized each of the crimes in this case and against his mistake, and that the defendant expressed his intent that the injured person does not want the punishment of the defendant in agreement with the victim in the trial of the party may be considered as favorable circumstances. In addition, if the defendant comprehensively takes into account all of the conditions of the punishment in the arguments in this case, such as the defendant's age, sex, environment, means and result of the crime, circumstances before and after the crime, etc., the court below's punishment is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of failing to take measures after causing damage to goods), Articles 148-2 subparag. 2 and 44(1) of the Road Traffic Act, Articles 152 subparag. 1 and 43 of the Road Traffic Act (the point of driving without a license) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the inter-crimes of violation of the Road Traffic Act, and the punishment shall be imposed on the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes with heavier punishment.