The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence of the court below (one year of imprisonment and two years of suspended execution) is too unfased and unreasonable.

2. In light of all the sentencing conditions indicated in the pleadings of this case, such as the fact that the defendant supports his family, driving vehicles are subscribed to a motor vehicle comprehensive insurance, the fact that the defendant agreed with the victim, the defendant was punished once by a fine for driving around 2015, and the blood alcohol level at the time of the crime was very high by 0.250%, the defendant immediately escaped after the occurrence of the accident, and other sentencing conditions indicated in the arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, etc., the sentence imposed by the court below without any particular supplementary disposition, is somewhat somewhat somewhat inappropriate.

3. As a result, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to each corresponding column of the judgment of the court below, and such facts are cited as they are 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, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the former Road Traffic Act (wholly amended by Act No. 15530, Mar. 27, 2018; hereinafter the same shall apply), Articles 148 and 54 (2) 1 and 44 (1) of the former Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for each crime is added up);

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;