The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. Although the fine history due to driving under the influence of alcohol was once more than once, the victim's injury is relatively minor, and the victim's injury is presumed to have been covered by the comprehensive motor vehicle insurance, the defendant has received a letter of favor from the victims when living in custody for a certain period of time, and the defendant shows an attitude to repent and reflect his mistake in light of various sentencing conditions shown in the records and arguments of this case, it is unfair that the court below's punishment is too unreasonable.

3. In conclusion, the prosecutor's appeal claiming unfair sentencing is without merit, but the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the judgment below is again ruled as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (the above judgment shall be favorable.