The judgment of the court below is reversed.

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

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

1. Summary of grounds for appeal;

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

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The crime of this case is deemed to have committed a traffic accident while driving under the influence of alcohol by the Defendant, and the nature of the crime is not good, and the Defendant has been punished by a fine due to a drunk driving in 2004, and is disadvantageous to the Defendant.

However, the court below's punishment is somewhat unreasonable in light of the following factors: (a) the defendant appears to have recognized the crime of this case; (b) the defendant expressed his intent that the victim would not want the punishment of the defendant by making payment to the victim after the decision of the court below; (c) the family members want to have the defendant's prior conviction; and (d) the defendant does not have any prior conviction other than the above prior conviction; and (c) other factors of sentencing as indicated in the records and arguments of this case, such as the defendant's age, character and conduct, environment, and circumstances after the crime, etc.

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.

(2) In light of the above legal principles, a prosecutor’s appeal shall be dismissed. (3) In light of the above legal principles, a prosecutor’s appeal shall be dismissed. (4) In light of the above legal principles, a prosecutor’s appeal shall be dismissed. (4) In light of the above legal principles, a prosecutor’s appeal shall be dismissed.

Application of Statutes

1. Article 5-3 (1) 2 and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.