The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. In light of the fact that the Defendant, while driving in the state of 0.213% alcohol concentration, caused an accident that causes the injured party while driving in the state of 0.213%, and that the Defendant has been punished by drinking alcohol or driving without a license, etc. on several occasions, the Defendant’s liability for the crime is not weak.

However, in full view of the following circumstances: (a) the Defendant’s mistake was divided and did not repeat again; (b) the Defendant was in the first instance trial and reached a unanimous agreement with the victim; (c) the Defendant was punished by a fine on January 2001 due to the refusal of drinking alcohol measurement; and (d) there was no previous conviction for about 11 years; and (c) the Defendant’s character, conduct and environment; (d) the background and consequence of the instant crime; and (e) the circumstances after the crime, etc., and all the circumstances constituting the conditions for sentencing as shown in the records and arguments, the lower court’

Therefore, the defendant's assertion of unfair sentencing is justified.

3. If so, the defendant'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 the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving and the choice of imprisonment), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment) concerning the crime;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act within the scope of adding up the long-term punishment of two crimes as provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) with heavier punishment: Provided, That the lower limit is that of the violation of the Road Traffic Act