The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The instant crime was committed by the Defendant while driving a vehicle not covered by mandatory insurance while under the influence of alcohol 0.181%, and caused an accident to shocking the damaged vehicle of the opposite lane, and thus, the crime was of heavy quality. As such, the victim F suffered an injury, such as the right-of-hand spelke part of the right-to-hand part, which requires treatment for about 12 weeks, and the victim D’s vehicle was scrapped, and the degree of damage is significant.

However, in 2006, the Defendant did not have any record of punishment for the same kind of crime in addition to the punishment of a fine once due to drinking driving, and recognized the mistake of the crime of this case and is against the depth.

In the court below, the defendant did not want the punishment of the defendant any longer by mutual consent between the victim F and the victim D in the trial.

There is also a situation in which the defendant supports his wife, mother and her two children.

In addition, in full view of the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below is unreasonable.

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.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes Concerning the Criminal Facts under the pertinent Act, Subparagraph 1 of Article 148-2 and Article 44(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201; hereinafter the same shall apply), Article 151 of the former Road Traffic Act (amended by Act No. 1070, Feb. 22, 2012); Article 151 of the former Road Traffic Act (amended by Act No. 1135, Feb. 22, 2012>