The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

Summary of Grounds for Appeal

The sentence of the court below against the defendant (six months of imprisonment) is too unreasonable.

Judgment

It is inevitable to sentence the Defendant’s sentence on the following grounds: (a) the Defendant committed each of the instant crimes without being able to do so within the period of repeated crime; and (b) the blood alcohol content of the instant case exceeds 0.176%; and (c) the Defendant committed each of the instant crimes.

However, in full view of the following facts: (a) the Defendant agreed with the victims in the trial; and (b) the Defendant’s age, character and conduct; (c) the background of the offense; and (d) the circumstances after the offense, etc., the sentence imposed by the lower court is somewhat unreasonable.

Thus, 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 reasonable, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning the facts of crime and the point of occupational injury resulting from the choice of punishment: Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act: Violation of violence under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act: Article 260 (1) of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. It is so decided as per Disposition for reasons more than Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (the favorable circumstances among the reasons for reversal).