The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

Summary of Grounds for Appeal

A. In full view of the circumstances such as the fact that the prosecutor's defendant caused an accident while driving a motor vehicle and that the defendant's vehicle is not covered by the comprehensive motor vehicle insurance and the victim is not properly protected, the punishment of the court below (a fine of eight million won) is too uneasible and unfair.

B. In full view of the circumstances, such as the Defendant’s violation of the law, the agreement with the victim, the first offender, and the difficulty in living, the lower court’s punishment is too unreasonable.

2. The judgment is against the defendant, and there are favorable circumstances such as the defendant's agreement with the victim.

However, considering the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, criminal records, etc., the sentence of the lower court is too uneasible and unreasonable, considering the following factors: (a) the Defendant was driving under the influence of alcohol level 0.084% and caused a traffic accident to the victim; and (b) the victim was inflicted a bodily injury or physical damage for two weeks of treatment; and (c) the nature of the crime is not good.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is

(3) Article 369 of the Criminal Procedure Act provides that “The defendant’s appeal shall not be justified, but shall not be dismissed separately from the disposition of the court below as long as the court below accepted the appeal by the prosecutor and reversed the judgment of the court below.”

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 Road Traffic Act, Article 148-2(3)2 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act for criminal facts.