The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

1. The summary of the grounds for appeal is too minor for the original judgment.

2. It is unreasonable to maintain the sentence of the lower court against the Defendant because it is too unfasible to all the sentencing conditions indicated in the record, considering the following: (a) the fact that the Defendant recognized all the crimes of this case; (b) the degree of injury suffered by the victims is not much excessive; (c) the Defendant had the record of criminal punishment for the same kind of crime; (d) the Defendant’s blood alcohol concentration level was high at the time of the instant case; and (e) the Defendant’s blood alcohol concentration was high; and (e) the occurrence of the traffic accident caused by the instant

3. The appeal by the prosecutor of the conclusion is with merit, and the judgment of the court below is reversed, and it is decided as follows.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court and summary of evidence are as stated in each corresponding column of the judgment below.

Application of Statutes

1. Article 3(1), the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. The provisions of Articles 40 and 50 of the Criminal Act (the provisions of Articles 40 and 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents).

1. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment, imprisonment without prison labor and the crime of violation of the Road Traffic Act, each choice shall be made;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act [limited to the case where the punishment is more severe and concurrent crimes (limited to the sum of the long-term punishments in two crimes) and the lower limit shall be applicable to the punishment determined for the violation of the Road Traffic Act];

1. Circumstances favorable to the defendant prior to Article 62(1) of the Criminal Act.