The defendant's appeal is dismissed.

1. In light of all the circumstances, such as the fact that the defendant is against the law, the fact that the defendant's vehicle is covered by a comprehensive motor vehicle insurance and the victims are deposited for the victims, the punishment imposed by the court below (the imprisonment of eight months, suspended execution of two years, probation, social service, 80 hours, and 40 hours during the compliance driving course) is too unreasonable.

2. It is recognized that the judgment of the defendant is based on the time of and against the instant crime, the vehicle of the defendant is covered by the comprehensive automobile insurance, and the defendant deposited 50,000 won for the victims.

However, the crime of this case was committed by the defendant under the influence of alcohol concentration of 0.208% and it was difficult for him to drive a motor vehicle normally while driving the CP motor vehicle, which was sent to the front part of the defendant's driver's vehicle in front of the victim's vehicle that was sent to the front part of the driver's vehicle, and the victim and his passenger F, who suffered injuries, such as light oil booming in need of two weeks of medical treatment. The traffic accident of this case is solely attributable to the defendant's unilateral negligence, and the crime was not committed in high blood alcohol concentration. The legislative intent of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death caused by Dangerous Driving) is to punish the victim who was under the influence of alcohol, etc. and caused the injury or death of the person while driving a motor vehicle normally, so it is necessary to punish the defendant as a fine, and it is also necessary to punish the defendant as a kind of punishment in the legal order.