The judgment of the court below is reversed.

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

1. In light of the fact that the accused against the instant crime and did not repeat the crime, etc., the sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. The crime of this case is found to have been committed by the Defendant without a driver's license at a low level, and when the signals of the crosswalk are changed to a pedestrian stop signal, and thus, the Defendant's negligence was serious. The degree of injury suffered by the victim due to the traffic accident in this case (including approximately 12 weeks of treatment, the right-side sckes, etc.), the degree of blood alcohol concentration of the drinking driving in this case is higher than 0.139%, the Defendant has a history of having been punished several times due to drinking or non-driving (two times of suspended sentence of imprisonment with prison labor, two times of suspended sentence of imprisonment with prison labor, and two times of fine). In addition, the Defendant cannot be sentenced to imprisonment with prison labor, considering the following facts: (a) the traffic accident in this case was committed while the Defendant was under the influence of alcohol, and the signals of the crosswalk are not covered by mandatory insurance; and (b) the Defendant did not reach an agreement with the victim up to the trial.

However, in full view of the following circumstances: (a) the instant traffic accident appears to have resulted from partial concurrences with the victim who dried the crosswalk at the time of changing the pedestrian signal to a stop signal; (b) the Defendant’s reflects on the character, conduct and environment of the Defendant; (c) the background and consequence of the instant crime; and (d) the circumstances of sentencing specified in the records and pleadings, such as the circumstances after the commission of the crime, etc., the punishment imposed by the lower court is somewhat unreasonable, and thus, the Defendant’s above assertion is reasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.

Criminal facts

The summary of facts and evidence recognized by this court shall be shown in each corresponding column of the original judgment.