The judgment of the court below is reversed.

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

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The Defendant has already been punished for a fine on three occasions due to driving under drinking.

The alcohol concentration in blood was very high, the central separation unit was shocked due to the failure to operate the vehicle normally, and the crosswalk was shocked by the victim, and the degree of the injury suffered by the victim is also not easy.

The sentence of imprisonment against the defendant is inevitable.

However, the defendant does not repeat again.

From the judgment of the court below, there was agreement with the victim, and the victim's reference wants the defendant's preference.

Finally, about seven years have passed since the defendant was punished for the same kind of crime.

The defendant needs to be given an opportunity to return to a sound member of society once, rather than living for a long time with young people of the 30th beginning of the society.

In full view of the above circumstances and all of the sentencing conditions shown in the arguments, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the record of the crime, the sentence imposed by the lower court is too unreasonable.

The defendant's argument of sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

【Grounds for another judgment】 Criminal facts and summary of evidence recognized by the court are identical to the relevant column in the reasoning of the judgment below. Thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1), Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 3(1)6 and 8 of the Act on Special Cases concerning the Selection of Punishment for Criminal Crimes, Article 268 of the Criminal Act (the occupation of occupational and de facto occupation, the choice of imprisonment without prison labor), Articles 148-2(1)1 and 44 of the Road Traffic Act.