The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

1. The sentence of the lower court (one year of imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. In light of the substance of the instant crime and the fact that the alcohol concentration among the blood transfusions is considerably high, etc., the quality of the health offense and the criminal administration of the Defendant, who had been punished for the violation of the Road Traffic Act due to drinking driving as stated in the reasons for the sentencing, caused the traffic accident while driving in the same state of drinking and causing the victims to suffer the second week injury.

However, the court below's sentence is too unreasonable, considering the defendant's age, occupation, sex, family relation, motive, circumstance, means and method of the crime, circumstances after the crime of this case, etc. and all of the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, occupation, sex, family relation, the motive, method and method of the crime of this case, etc., as well as the fact that the defendant was committed in the first instance trial and the victim of the traffic accident was smoothly agreed with the victim of the accident of this case.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

【Judgment to be used again] Criminal facts and the summary of evidence acknowledged by this court and the summary of the facts charged and the summary of evidence are as follows: the judgment of the court below, except that the phrase “victim H” in the end of the judgment of the court below against “victim J” is the same as the corresponding column of the judgment of the court below; therefore, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 148-2(1) and 44(1) of the Road Traffic Act (in cases of drinking) concerning criminal facts, Article 3(1) and proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.