The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes 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. It is recognized that the defendant had the records of punishment for drinking and non-licensed driving, and that the defendant's blood alcohol concentration at the time of the instant case was not low.

However, in full view of the following circumstances: (a) the Defendant recognized the facts charged; (b) there is no history of punishment exceeding a fine for traffic-related crimes; (c) the Defendant subscribed to a comprehensive insurance; (d) the victim does not want to be punished; (e) the occurrence of the instant accident; (b) the victim was committed considerable negligence; and (c) the Defendant appears to have been detained in the first instance trial to have sufficiently been given an opportunity to reflect during the period of detention; and (d) other circumstances that form the conditions for sentencing as indicated in the record, such as the Defendant’s age, environment, occupation, family relationship; (e) the background leading to the instant crime; and

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence are the same as the corresponding part of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act: