The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (one year of imprisonment) is too unhued and unreasonable.

2. In light of the fact that the Defendant’s blood alcohol concentration was high at the time of driving under the influence of alcohol, that the Defendant was able to commit the same kind of crime, and that the Defendant appears to have committed the instant crime in the course of driving under the influence of alcohol, the Defendant’s crime of this case shall be subject to criticism.

However, in full view of all the sentencing conditions, including the defendant's age, character and conduct, environment, circumstances after the crime, etc., the sentence of the court below is too unreasonable in light of the following: (a) the defendant was committed in the course of and against the mistake of the defendant; (b) the victim did not want the punishment any longer by mutual consent with the victims; (c) there was no record of punishment exceeding the fine; and (d) the defendant's age, character and conduct;

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.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 40 and 50 of the Criminal Code of Trade Competition.