The judgment of the court below is reversed.

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

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

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The judgment driving is a serious crime that may cause serious harm to the life and body of others as well as himself/herself, and the defendant has been punished twice due to drinking, and in particular, the defendant, who escaped while driving alcohol and caused an accident while driving alcohol, and on February 12, 2014, was sentenced to two years of suspension of one-year imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Busan District Court and Dong Branch Branch of the Busan District Court on February 12, 2014, but again, he/she was sentenced to two years of suspension of one-year imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (protruding vehicles).

However, in light of the favorable circumstances such as the Defendant’s full recognition of the instant crime, the Defendant’s life in detention for a considerable period of time, the personal injury was not caused by the accident induced by the Defendant, and the part was not prosecuted under the mutual agreement between the driver of the victimized vehicle and the driver of the victimized vehicle, and the Defendant did not have a criminal record of drinking and driving without a license for more than 10 years, in addition to the aforementioned suspended sentence, and other favorable circumstances, such as the Defendant’s age, sexual behavior, environment, the background of the instant crime, and the circumstances after the instant crime, and all of the sentencing conditions indicated in the instant records and arguments, such as the following circumstances, the lower court’s sentence that sentenced the Defendant for more than eight months is too unreasonable.

3. As such, 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 defendant's appeal is again decided as follows.

Criminal facts

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

Application of Statutes

1. The Road Traffic Act applicable to criminal facts;