The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. In light of the overall sentencing conditions of the grounds for appeal, the sentence of the lower court (the imprisonment of six months, the suspension of the execution of two years, the probation period of two years, the community service order of two years, the community service order of 80 hours, the order of 40 hours of compliance driving) is too uneasible and unreasonable

2. Ex officio determination of ex officio, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) due to drinking and the violation of the Road Traffic Act are separate crimes with different legislative intent, legal interests and interests, and where both crimes are established, the two crimes shall be deemed to be in substantive concurrent relations.

(2) In light of the legal principles as to the number of crimes under the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of this case (the "Act on the Aggravated Punishment, etc. of Specific Crimes" (the "Act on the Aggravated Punishment, etc. of Specific Crimes (the "Act on the Aggravated Punishment, etc. of Specific Crimes") and the Road Traffic Act (the "Act on the Aggravated Punishment, etc. of Specific Crimes" (the "Act on the Aggravated Punishment, etc. of Specific Crimes on November 13, 2008).

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's assertion of unfair sentencing on the grounds of ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, Article 81 subparagraph 2 of the Automobile Management Act and Article 12 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the selection of punishment for the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes