The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The judgment is based on the following facts: (a) the instant crime was committed by the Defendant, while under the influence of alcohol 0.136%, resulting in an injury to the victim by negligence, such as violating the signal while under the influence of alcohol 0.136%, causing a traffic accident causing the destruction of the vehicle, and without taking any measures, causing significant nature of the crime to be committed is the circumstances unfavorable to the Defendant.

However, in full view of the following circumstances: (a) the Defendant reflects his mistake; (b) the victim did not want the punishment of the Defendant by mutual agreement with the victim after the pronouncement of the lower judgment; (c) the vehicle of this case was covered by the liability insurance; and (d) the Defendant’s age, sexual conduct, environment, background, means and result of the instant crime; (d) circumstances after the instant crime was committed; and (e) criminal records and family relations, etc., the Defendant’s punishment imposed by the lower court is deemed unfair because the Defendant’s punishment imposed by the lower court is unreasonable, and thus, the Defendant’s wrongful assertion of sentencing has merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of the penalty;