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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. The punishment of the original court (eight months of imprisonment) shall be too unreasonable;
The Defendant and his defense counsel asserted a mistake of facts that the victims did not suffer injury due to the accident in this case at the request for resumption of oral proceedings on August 13, 2019. However, this cannot be deemed a legitimate ground for appeal since it was filed after the deadline for submitting the statement of grounds for appeal, and it cannot be deemed a legitimate ground for appeal. In light of the fact that the victims were diagnosed with injury requiring two weeks medical treatment due to the accident in this case, and actually received hospitalization and outpatient treatment, even if the degree of shock is not severe, and that if the shock is unexpected, it can be recognized that the Defendant suffered injury due to the accident in this case, and it does not seem to be any other reason for investigation and reversal ex officio.
2. The judgment is based on the records that the defendant had been punished three times due to drunk driving in the past. Nevertheless, the defendant's act of causing a traffic accident while driving without a license is disadvantageous to the defendant.
However, in full view of all the sentencing conditions indicated in the records and arguments of this case including the defendant's age, character and conduct, environment, occupation, family relationship, circumstances after the crime, place where the driver without a license driving, distance, etc. as well as the circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case, the defendant's mistake in depth, agreed with the victims, and the victim's injury was not excessive, the defendant's assertion is reasonable.
3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act.