The judgment of the court below is reversed.

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

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

1. The sentence of the court below (10 months of imprisonment) is too unreasonable.

2. The judgment of the court below is that each of the crimes of this case committed by the defendant while driving a vehicle in drinking condition without taking necessary measures, such as aiding and abetting the victim, and the nature of the crime is not good in light of the contents of the crime. The blood alcohol level at the time is 0.104%, and the victim did not reach agreement with the victim up to the trial, although the defendant's liability for the crime of this case is not less than that of the defendant, the defendant's confession and is against depth, the degree of injury suffered by traffic accident is relatively minor, and there is no other punishment power except that of the defendant's age, character and behavior, environment, family relationship, circumstances, and circumstances after the crime, etc., the sentence of the court below is too unreasonable, and the defendant's assertion is justified.

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.

Criminal facts

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

Application of Statutes

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, 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 concerning the crime (the point of view of failing to take measures after destroying or damaging property by occupational negligence);

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

1. Punishment;