The judgment of the court below is reversed.

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

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

1. The 8-month imprisonment sentenced by the court below is too large and unfair.

2. The judgment of the court below is based on the following facts: the crime of this case was committed under the influence of 0.174% of blood alcohol level while the defendant driven while under the influence of alcohol level 0.174% without a license and sustained injury to the victim by shocking the victim for about 12 weeks; the defendant's liability for the crime is heavy; the defendant's failure to purchase a comprehensive insurance policy shows that the victim suffered considerable difficulty in treatment due to the defendant; however, the victim seems to have suffered severe punishment; however, it appears that the defendant's deposit for damage recovery to the victim was against the defendant; the traffic accident of this case was committed by the defendant without permission in a situation where it was restricted at night, and there were sufficient circumstances to take some of the circumstances into account the accident's situation; the defendant's age, character and conduct, motive, means and consequence of the crime; and the defendant's argument that the defendant's imprisonment before and after the crime was committed is unfair, and thus, the court below's judgment is justified.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant laws concerning criminal facts, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (a point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 152 of the Road Traffic Act;