The judgment of the court below is reversed.

The punishment of the accused shall be determined by six months of imprisonment.

However, from the final date of this judgment.

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, 80 hours of community service order, and 40 hours of order to attend a compliance driving lecture) of the lower court is too unreasonable.

2. The judgment of the court below is a favorable condition, such as the fact that the defendant, while driving under the influence of alcohol twice the same kind of criminal records, actually caused a traffic accident. However, the defendant recognized his mistake and reflects the fact that the defendant agreed with the victim E in the court below, and the defendant reached an agreement with the victim Eul. In full view of the circumstances leading to the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, environment, etc., it is recognized that the punishment of the court below is too unreasonable. Thus, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the original judgment.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act on criminal facts;

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

1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, choice of imprisonment without prison labor or imprisonment for the violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;