The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. Summary of grounds for appeal;

A. The punishment of the lower court (ten months of imprisonment) is excessively unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant, even though he had the record of being punished for drunk driving, is driving under the influence of alcohol again.

In violation of the signal, the victim D was exposed to the signal signaled victim D's vehicle in front, and due to this, the victim F, who was the passenger, was injured by two weeks of injury, and the victim D caused a serious injury, such as gynasium that requires treatment for more than six months.

In light of the background of the accident, the result of the crime, the degree of damage, etc., the crime of this case is very poor.

However, in full view of the following facts: (a) the Defendant reflects the instant crime in depth; (b) the first instance court agreed with the victim F; (c) the victims did not want the Defendant’s punishment under the agreement with the victim D; (d) the victims did not have any criminal records exceeding the fine; and (e) the Defendant’s age, character and conduct, environment, circumstances of the instant crime; and (e) the circumstances after the commission of the instant crime, etc., the lower court’s punishment is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

( long as the defendant's appeal is accepted, the prosecutor's decision on the grounds for appeal is omitted). Criminal facts and summary of evidence acknowledged by the court are identical to facts constituting an offense and summary of evidence, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1), the proviso of Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act concerning criminal facts.