The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. In full view of the following factors: (a) the Defendant recognized the Defendant’s judgment on the assertion of unfair sentencing by the prosecutor’s assertion of unfair sentencing; (b) the Defendant appears to have been convicted of a fine exceeding the same kind of crime; (c) the Defendant has no record of criminal punishment exceeding the fine; and (d) the Defendant’s negligence was not less than ten years in light of the circumstances of traffic accidents and the degree of damage; (b) the Defendant’s negligence was not less than marcated; (c) the Defendant’s blood alcohol concentration level at the time of driving was considerably high; (d) the Defendant did not reach an agreement with the victim until the trial; and (e) other various sentencing conditions indicated in the instant records and arguments, including the Defendant’s age, character and behavior, family environment, background and consequence of the crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court (two years of suspended sentence for October; (e) community service120 hours; and (e) the number of hours

2. In conclusion, the prosecutor'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 again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Act on the Aggravated Punishment, etc.

1. Selection of each sentence of imprisonment;

1. Article 37 of the Criminal Code among concurrent crimes.