All judgment of the court below shall be reversed.

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

1. The decision of the court below on the gist of the grounds for appeal (the first instance court: 6 months of imprisonment, and the second instance court: 6 months of imprisonment) is too unreasonable.

2. According to the reasoning of the judgment of the court below, the defendant committed each of the crimes of this case during the period of repeated crime due to drinking driving, and committed such crimes. However, the court below held that the defendant agreed with the victim of the injured case and partly recognized the defendant's mistake, and the defendant did not stop from committing the crime related to drinking and driving without a license.

In full view of the records of this case and various sentencing conditions shown in the theory of change, such as the fact that there are many kinds of pulmonary tuberculosis and the health of the defendant is not good due to pulmonary tuberculosis, and the records of this case and the circumstances after the crime are committed, the sentence of the court below is recognized as being too unreasonable.

Therefore, the defendant's argument of sentencing is justified.

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown 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 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol, the choice of imprisonment), Article 257 (1) of the Criminal Act (the point of injuring, the choice of imprisonment), Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act (the point of refusing to measure drinking, the choice of imprisonment), Articles 152 (1) 1, and 43 of the Road Traffic Act (the point of refusing to measure drinking), Article 152 (1), Article 152 (2) 1, and 43 of the Road Traffic Act (the selection of imprisonment without a license) concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the heavier punishment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused) of the mitigated amount;