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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. The issue is not that of a case that causes an accident that causes an accident that causes two times a vehicle by driving an ozone vehicle without mandatory insurance in the state of drunk alcohol concentration of 0.262%, even though the defendant was punished as a violation of the Act on Special Cases concerning the Management of Drinking and Traffic Accidents, and thus causes an accident that causes an accident that causes two times a vehicle to be driven in the state of drunk alcohol concentration.
However, the degree of damage caused by the instant crime is relatively minor, and the Defendant agreed in the trial with the victims (H and E).
The Defendant committed the instant crime in depth and tried not to repeat the crime.
In addition, considering all the conditions of sentencing as shown in the records and arguments of this case, such as the age, character, conduct and environment of the defendant, the punishment sentenced by the court below is too 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 the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the respective charges;
1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes which are the largest concurrent crimes, and a punishment provided for in the same Act
1. Selection of penalty;