The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. On June 16, 2009, the Defendant committed the instant crime again while driving without a license and driving without license, resulting in a traffic accident while driving without license, and resulting in a crime of refusing to take a drinking test.

Until the trial, they did not agree with the victims.

However, the defendant has a depth of committing the crime.

The accident of this case conflicts between the defendant vehicle and the damaged vehicle at the intersection, and the driver of the damaged vehicle at the time of drinking.

Defendant

Insurances covered by the vehicle, medical expenses, etc. have been paid to the victims, and the damage recovery has been made for a certain part.

The instant crime is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with regard to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

In light of the Defendant’s age, character and conduct, environment, etc. and all of the sentencing conditions shown in the oral argument, the sentence imposed by the lower court is unreasonable.

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

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning criminal facts;

1. Handling concurrent crimes;