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. In the judgment of the court, the defendant is driving a vehicle (C TLXG car) not covered by mandatory insurance (CTXG car) under the condition that the defendant is under the influence of 0.189% alcohol concentration in blood.

In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as character, environment, family relationship, motive, means and consequence of the crime, the sentence imposed by the court below against the defendant is too too unreasonable, and thus, the defendant's assertion is reasonable. The defendant's assertion is justified. The defendant's assertion is justified, in light of the following: (a) it is acknowledged that the defendant did not agree with the victim; (b) it is true that the defendant deposited 1.5 million won for the recovery of the victim's damage; (c) the victim's injury is relatively minor; (d) the defendant has no particular criminal power, and there is no age of the defendant; and (e) it is expected that the defendant will open the vehicle due to its age; and (e) it is possible to take into account various sentencing conditions stipulated in Article 51 of the Criminal Act, such as character, conduct, environment, family relationship, motive, means and consequence of the crime.

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. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 of the Road Traffic Act, Article 44(1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 152 of the Road Traffic Act.