The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (4 months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The instant crime, based on the judgment, is found to have been committed by the Defendant, while under the influence of alcohol, while driving a motor vehicle while it is difficult for the Defendant to drive normally and received the victim G and caused the victim to undergo approximately seven weeks medical treatment. In light of the content of the crime, the liability for the crime is heavy, and the Defendant had been punished once due to the same kind of crime, and the Defendant had a record of punishment.

However, in light of the fact that the defendant led to the confession of the crime of this case and reflects the defendant's mistake in depth through detention for a considerable period of time, the victim does not want to be punished by the defendant in the trial of the party, and the social ties between the defendant's family members and Dong members seems to be relatively obvious, such as that the defendant's age, sexual behavior, environment, etc. In addition, the court below's punishment against the defendant is too unreasonable and unfair rather than unreasonable because it is too unreasonable, as argued by the prosecutor.

3. As such, the defendant's appeal is reasonable, and the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the judgment below is rendered following the pleadings. However, the prosecutor's appeal is without merit, but the prosecutor's appeal shall not be dismissed in a separate order unless the decision of the court below is reversed by accepting the defendant's appeal (the minimum statutory punishment of this case is imprisonment with prison labor for not less than one year, and the defendant shall be punished by imprisonment with prison labor for not less than six months, but the decision of the court below is reversed by accepting the defendant's appeal.