The judgment of the court below is reversed.

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

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

2. In full view of the fact that the defendant agreed with the victim in the trial and that the victim's injury is not serious, the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and (2), and 50 of the Criminal Act [the punishment shall be imposed as imprisonment with prison labor, while the concurrent crimes prescribed for the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, of which punishment is heavier: Provided, That the lowest sentence of the punishment shall be determined by the crime of violating the Road Traffic Act];

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant is subject to criminal punishment for drunk driving on several occasions and is subject to suspended sentence several occasions, and that the defendant causes a traffic accident while driving alcohol, and that the defendant sells the vehicle against the defendant, that the defendant sells the vehicle, that the defendant agrees with the victim of the traffic accident, that the victim's injury did not focus on the need to give two weeks medical treatment, and that the defendant's economic condition is not good.