The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In light of the contents of the crime of this case where the defendant, who had been punished for the violation of the Road Traffic Act due to drunk driving as stated in the reasons for the sentencing, caused the traffic accident while driving in the same state of drinking, and caused the victim's bodily injury for three weeks prior to the trial, the crime and the crime committed are not less complicated.

However, the Defendant appears to have lived in good faith with the exception of being punished by a fine for a minor amount of four times, including a fine due to the above crime of violation of the Road Traffic Act. The Defendant committed the instant crime without committing any particular criminal act. In addition, when considering the Defendant’s age, occupation, character and conduct, family relationship, motive and circumstance of the crime, means and method of the crime, and all of the sentencing conditions specified in the instant records and pleadings, such as the circumstances after the crime, etc., such as the Defendant’s age, occupation, personality and conduct, family relationship, family relationship, motive and circumstance of the crime, means and method of the crime, etc., the sentence of the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

【Discied Judgment】 The facts constituting a crime and the summary of the evidence recognized by the court, as well as the summary of the evidence, are as stated in each corresponding column of the judgment of the court below, except for adding ‘the defendant's oral statement at the court of first instance' to the first instance, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of driving and the choice of imprisonment with prison labor), which apply to criminal facts;