The judgment of the court below is reversed.

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

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

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below is deemed to be unfair in light of the following factors: (a) the defendant's act of causing a traffic accident by negligence while driving an automobile that was not covered by mandatory insurance in a state of 0.301% of blood alcohol content; (b) the defendant's act of causing a traffic accident by negligence; (c) the defendant's deposit of money equivalent to the victims; and (d) the defendant's age, character and behavior, environment, family relationship, motive for the crime; (d) the means and consequence of the crime; and (e) various sentencing conditions specified in the arguments of this case, including the circumstances after the crime.

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

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 5-11 and 151 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding Act on the Criminal Crimes, Article 151 of the Road Traffic Act, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, Article 46 (2) and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012) concerning the crime

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime of causing death or injury due to dangerous driving and the crime of violating the Road Traffic Act due to the occupational negligence and damage of property, and the punishment shall be imposed against the victim