The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. Each of the instant crimes is an unfavorable circumstance to the Defendant, such as the fact that the nature of the crime is not good in light of the content of the crime, that the Defendant’s blood alcohol concentration is not low, and that there was a history of having been punished for the same kind of crime.

On the other hand, the fact that the defendant is against the defendant's wrong recognition, the fact that the defendant's vehicle is covered by the comprehensive automobile insurance, there is no record of punishment exceeding the fine, and the fact that the victim does not want the punishment by agreement with the victim when the defendant was in the first instance, is favorable to the defendant.

Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sexual conduct, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, the sentence of the lower court seems to be too unreasonable.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description 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 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing injury to a dangerous driving), Articles 148-2(2)2 and 44(1) (a) of the Road Traffic Act (a point of driving self-driving on April 6, 2018), Articles 148-2(1)1 and 44(1) (a) of the Road Traffic Act as to the crime, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act are examined in the judgment under the above Article 62-2(2).