The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In light of the facts that the defendant, who had been punished for the violation of the Road Traffic Act due to the drinking driving in this case, was also under the influence of driving in the same condition and did not provide relief to the victim even though he had caused a traffic accident, as stated in the judgment of the court below on the grounds of the sentencing, and that the crime and the circumstances of the defendant, in light of the fact that the victim tried to stop the defendant's vehicle from driving at the end of his tendency, are not less and less than less than less than less than less than less than less than less than less than less than less than less than less than less than less than less than less than less than less than

However, considering the following factors: (a) the Defendant was sentenced to a fine due to the crime of violating the Road Traffic Act, there is no particular penal power except for the punishment imposed by the Defendant; and (b) the Defendant committed the crime of this case, and committed the crime of this case, the degree of injury suffered by the victim is relatively minor and the victim was simply agreed with the victim, and the Defendant was not punished against the Defendant; and (c) the Defendant’s person who was committed the crime of this case wanted to have the Defendant’s prior consent to the Defendant, the Defendant’s age, occupation, character, personality and behavior, family relation, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence of the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;