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 main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended sentence, 80 hours of community service, and 40 hours of order to attend a compliance driving lecture) is too unhued and unreasonable;

2. The fact that the judgment of the defendant reflects the crime, the victim's injury is relatively minor even though the defendant suffered, and that the defendant paid approximately KRW 12 million insurance money to the victims by combined compensation for personal injury and physical damage through the motor vehicle comprehensive insurance purchased by the defendant.

On the other hand, the following is disadvantageous.

The crime of this case is not a good crime because the defendant, while driving a vehicle while under the influence of alcohol and making it difficult to drive the vehicle normally, resulting in a traffic accident and resulting in injury to the victims.

In 2015, the Defendant again committed the instant crime even though he had been punished for a fine due to drinking driving.

At the time of the instant case, the Defendant’s blood alcohol concentration was very high by 0.214%.

The victims did not reach an agreement.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, the lower court’s punishment is deemed to be somewhat unreasonable, and thus, the Prosecutor’s assertion is reasonable.

3. In conclusion, 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.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column 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 injury caused by dangerous driving) as to the crime under the corresponding provision of the Act, and Article 148-2 (2) 1 of the Road Traffic Act.