The judgment of the court below is reversed.

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

, however, for a period of two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with labor for up to eight months) by the lower court is too unreasonable.

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant with regard to the following: (a) the Defendant caused the instant traffic accident by negligence while driving under the influence of alcohol with a degree of 0.167%; (b) resulting in the occurrence of a traffic accident by negligence; (c) resulting in an injury requiring medical treatment for ten weeks; and (d) having two times the history of punishment

However, there are circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case, and the victim took the vehicle of this case in the name of the defendant, the victim appears to have taken the vehicle of this case, the defendant does not want the punishment, the defendant does not have any criminal records exceeding the fine, and the circumstances that the defendant would have taken into account in the course of driving

Examining the aforementioned circumstances and other conditions of sentencing, such as the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and records of the crime, etc., the sentence of the court below is deemed to be too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

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

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(1)1 and Article 44 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning criminal facts.