The judgment of the court below is reversed.

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

1. The Defendant’s judgment on the Defendant’s assertion of unfair sentencing is not clear of the nature of the crime in that he committed the instant crime without being aware of the fact that the Defendant had already been sentenced to a fine by the same kind of crime or a suspended sentence of execution. However, considering the fact that the Defendant is against the instant crime, the blood alcohol content at the time of the instant crime is relatively high, the Defendant’s vehicle is covered by a comprehensive insurance, and other sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, character and conduct, the background and method of the instant crime, the means and method of the instant crime, and the circumstances before and after the instant crime, the lower court’s imprisonment is somewhat heavy.

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

Criminal facts

The summary of facts and evidence recognized by the court is identical to each corresponding part 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 3 (1), the proviso to Article 3 (2) 2, 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Determination of imprisonment without prison labor for the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment and the Road Traffic Act;

1. Of concurrent crimes, the punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act (the punishment shall be aggravated by the concurrent crimes prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than the punishment, but shall be punished by imprisonment with prison labor: Provided, That the lower limit shall be the punishment prescribed by the Act on

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.