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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. In light of the fact that the defendant, who had been punished several times due to the violation of the Road Traffic Act due to the crime of violating the Road Traffic Act by driving without a license for driving without a license for driving without a license for driving without a license, was indicted for the crime of violating the Road Traffic Act due to the previous driving without a license for driving without a license for driving without a license and repeated driving without a license for driving without a license, and that the blood alcohol level also fell under 0.196% and 0.154% and caused a traffic accident, it is inevitable to sentence the defendant to a sentence.
However, the court below's punishment is too unreasonable considering all the sentencing conditions of the defendant's age, character, occupation, occupation, family relation, motive, means and consequence of the crime, etc. as shown in the records of this case, such as the defendant's age, character and behavior, occupation, family relation, motive, means and consequence of the crime, etc., as well as the situation after the crime is committed.
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.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Acts on December 24, 2018 concerning facts constituting a crime, each of the former Road Traffic Act.