The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

1. Summary of grounds for appeal;

A. The lower court’s punishment is too unreasonable.

B. The Prosecutor’s Defendant, while driving a motor vehicle under a risk of being unable to drive the motor vehicle normally due to the influence of psychotropic drugs, caused the instant accident, is too uneasible and unfair.

2. Comprehensively taking account of the evidence duly adopted and examined by the court below, the defendant was given a prescription of the drug containing psychotropic drugs at L Hospital, and the period of taking the drug determined by the above hospital is two hours before the time of taking the drug, and the court below stated that the container was used on the day of the instant accident and immediately withdrawn the vehicle. Thus, the defendant is not deemed to have driven a motor vehicle under the influence of the above drug.

In light of the various sentencing conditions shown in the records and arguments of this case and the fact that the defendant was the first offender and the defendant was covered by comprehensive insurance, the court below's punishment is too unreasonable. Thus, the defendant's assertion is justified and the prosecutor's assertion is without merit.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they shall be quoted by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of alternative imprisonment without prison labor;