The judgment of the court below is reversed.

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

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

Summary of Grounds for Appeal

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

Judgment

The Defendant was in a state of 0.214% of blood alcohol concentration at the time of driving of the instant case. The instant accident is unfavorable to the Defendant, in light of the following: (a) the Defendant was driving in a state of booming and shocking the victim; (b) the secondary accident occurred due to the shock; and (c) the Defendant was sentenced to a fine on several occasions due to the same kind of violation of the Road Traffic Act in the past; and (d) the fact that there was a record of being sentenced to a fine on several occasions in the past.

However, in full view of all other circumstances such as the Defendant’s age, character and conduct, environment, circumstances leading to the crime, and circumstances after the crime, etc., the sentence of the court below is unreasonable, considering the following: (a) the victim led to the confession of the crime of this case and reflects the depth of the victim; (b) the degree of injury suffered by the victim is relatively minor; (c) the victims are expected to have been recovered due to the purchase of a comprehensive insurance policy; (d) the Defendant has no record of punishment otherwise than the previous conviction; and (e) the Defendant sells a vehicle, etc. without any history; and (e) sells the vehicle.

As 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 again.

Criminal facts

Criminal facts and the summary of evidence recognized by the court as stated in this Court shall be as stated in the corresponding columns of the original judgment.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;