The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of the grounds for appeal and the sentencing (the first instance: Imprisonment with prison labor for one year, the suspension of execution for two years, and 40 hours in courses);

2. Based on the judgment, the court below suspended the execution of the sentence against the defendant by taking into account the favorable circumstances such as the fact that the defendant voluntarily surrendered to commit the crime and the victim of the traffic accident expressed his intention not to punish him.

However, the Defendant driving a road with heavy traffic volume (as measured after about one hour and 25 minutes in order to 0.12%) while driving a road with high blood alcohol level, and caused the traffic accident (as measured after sunset, about one hour and twenty-five minutes in order to 0.12% in order to prevent the occurrence of serious damage to the damaged vehicle). In the past, there was only one history of punishment for the crime of violation of the Road Traffic Act (i.e., destruction and damage) in the past, and the previous five years, the previous five years of previous convictions or three times in danger, and (ii) the harm caused by the drunk driving and the sentencing factors prescribed in Article 51 of the Criminal Act, the Prosecutor’s allegation of unfair sentencing is acceptable.

3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

[Separate Decision] The summary of facts constituting an offense and evidence recognized by the trial of the court below is identical to the corresponding column of the judgment below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Imprisonment with prison labor under Article 148-2 (1) 1, and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Articles 148-2 (1) 1, and 54 (1) of the Road Traffic Act; Articles 148 and 54 (1) of the Road Traffic Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;