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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.
2. The Defendant is trying to overtake the victim C, who had been on board a motorcycleba while driving under the state in which the Defendant seems to drink.
In light of the following facts: (a) the victim C escaped rapidly without any relief measures despite being placed in a very dangerous situation where the victim C was able to lose his/her life due to going beyond the road; (b) the victim D's vehicle arriving at the intersection during the escape and waiting for the signal; and (c) the victim D escaped at a very rapid speed without any relief measures again; (d) the victim D was driving a car at a rest area on the road and headlights both of the vehicle operation and headlights; and (e) the victim D avoided the Defendant's vehicle, and even if it was discovered to the victim D, it is difficult to punish the Defendant as much as the crime of the instant crime was committed.
However, on the other hand, the defendant recognized all of the crimes of this case and divided them in depth, the degree of injury suffered by the victims is relatively not severe, the victim agreed with the victim C at the investigation stage, and the victim D has reached an agreement. The victims did not want to punish the defendant, the vehicle driven by the defendant is covered by a comprehensive insurance, the vehicle is detained for not less than 4 months due to the crime of this case, the time of self-esteem seems to have existed, the fact that there is no record of punishment exceeding a fine, the fact that there is no record of support for the family in an undeveloped situation, the fact that the health situation is not good, the fact that the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, etc. are indicated in the records and arguments of this case.