The judgment of the court below is reversed.

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

1. The sentence of the court below (eight months of imprisonment) is too unreasonable.

2. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the violation of the Road Traffic Act are separate crimes that differ in the purpose of legislation, protected legal interests and application areas, and both crimes are concurrent crimes.

(2) The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and the crime of violation of the Road Traffic Act as stated in the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act. Thus, the punishment shall be determined within the scope of the term of punishment imposed for concurrent crimes pursuant to Article 38(1) of the Criminal Act. However, the court below found the Defendant guilty of all of the above crimes and omitted weight of concurrent crimes.

In this respect, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is ruled as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding parts of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the criminal facts as prescribed in the corresponding Act; and

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

1. Selection of each sentence of imprisonment;

1. On the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders, the crime of this case is normally affected by the influence of alcohol by the Defendant under the influence of alcohol, by drinking, to the extent that the blood alcohol concentration level reaches 0.189%.