The judgment of the court below is reversed.

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

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

1. The summary of the grounds for appeal (the imprisonment for eight months, the suspension of execution for two years, the community service order of 120 hours, and the order to attend a compliance driving lecture of 40 hours) of the lower court is excessively unreasonable;

2. The judgment of the court below, even though there were the records of punishment for driving under the influence of alcohol, and even though the nature of the crime in this case was less than that of the crime in this case, the defendant did not repeat again, but it is recognized that the defendant did not commit the crime in this case, the vehicle that the defendant driven was covered by a comprehensive motor vehicle insurance and agreed with the victim that the defendant did not have any penalty power exceeding fines, and all of the sentencing conditions stated in the records and arguments of this case, such as the defendant's age, character, character, environment, motive leading to the crime in this case, circumstance before and after the crime, etc., are somewhat inappropriate.

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 following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that violates the corresponding Act on the Punishment, etc. of Specific Crimes, the provision of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the choice of imprisonment with labor

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the aggravated punishment within the scope of the sum of the long-term punishments for two crimes, but the lower limit of such concurrent crimes shall be the punishment prescribed for the violation of the Road Traffic Act];

1. The conditions favorable to discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act.