The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Circumstances disadvantageous to judgment: The defendant suffered an accident while driving a motor vehicle by violating signal at the intersection under the condition that it is difficult to drive a motor vehicle normally due to drinking, and the victim suffered an injury in need of medical treatment for about 12 weeks.

A favorable condition: A vehicle driven by a defendant is covered by a comprehensive motor vehicle insurance, and the defendant is in the first instance, and the victim is not punished by the defendant by mutual consent with the victim.

The defendant shows a attitude to recognize and reflect the wrong through detention life for a period of three months.

There is no criminal history related to traffic.

In full view of the following circumstances, including the above unfavorable circumstances and favorable circumstances, the Defendant’s age and behavior environment, relationship with the victim, the course and details of the instant crime, and the circumstances after the instant crime, etc., the lower court’s punishment is deemed to be too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.

[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court is identical to each corresponding part of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of driving at risk), and the choice of imprisonment for each sentence;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;