The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence of the lower court (five years of imprisonment, confiscation) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The judgment of the defendant caused the instant traffic accident which caused a large number of representative vehicles to break off while driving under drinking, even though he/she had a history of criminal punishment several times due to drinking driving, and resulting in a large number of victims, and the fact that the crime of special intimidation was committed while the trial of the first instance is in progress due to the said traffic accident and the quality of the crime was poor is disadvantageous.

On the other hand, for the first time of the trial, the victim of the traffic accident, who has agreed with the victim M of the crime of special intimidation with I who is the most severe degree of injury, and the victim E of the traffic accident, agreed with the investigative agency, and the other victims seem to have been partly recovered through the insurance company in which the defendant was a party to the traffic accident, the fact that the defendant's mistake is remarkably divided, and that the defendant has no record of punishment exceeding the fine.

In addition, comprehensively taking account of various sentencing conditions shown in the arguments, such as the age, character, conduct and environment of the defendant, the court below's punishment is deemed unfair, so the defendant's assertion is reasonable, and the prosecutor's assertion is without merit.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is delivered after

(On the other hand, the prosecutor's appeal shall be dismissed for the reason that it is without merit, but the judgment of the court below shall not be pronounced separately in the disposition). [The facts constituting a crime and the summary of evidence recognized by the court and the summary of evidence are the same as that of each corresponding column of the judgment of the court below. Thus, it shall be accepted as it is in accordance with Article 369 of the Criminal Procedure Act.