The judgment of the court below is reversed.

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

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

1. The sentencing of the court below (one year of imprisonment, two years of suspended execution, one year of probation, one year of community service, 120 hours of probation, 24 hours of compliance driving lecture) is too unreasonable.

2. Determination

A. The Defendant is driving with a higher alcohol content of 0.153%.

In the event of traffic accident, the victim suffered eight weeks of medical treatment, and the defendant's responsibility is not less than that of the defendant.

B. On the other hand, there are favorable circumstances to consider, such as the fact that the Defendant was not sentenced to imprisonment and is going not to drive under the influence of alcohol again, that the Defendant’s driving vehicle is subscribed to a comprehensive motor vehicle insurance, that the victim does not want the punishment of the Defendant, that the Defendant supports the wife and two children who are students, etc.

In addition, considering the Defendant’s age, occupation, living environment, details and result of the crime, and the circumstances after the crime, the lower court’s punishment is unreasonable.

3. 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 judgment of the court below is identical to each corresponding column of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and the choice of imprisonment for each sentence;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes within the scope of adding up the long-term punishments of the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier

1. As seen above, Articles 53 and 55(1)3 of the Criminal Act provides for discretionary mitigation.