The judgment of the court below is reversed.

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

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

1. On the summary of the reasons for appeal, the Defendant asserts that the Defendant is too unfasible to the sentence of the lower court (ten months of imprisonment), and that the prosecutor is too unfased and unfair.

2. One of the defendants was driving alcohol and violating signalling, resulting in the injury inflicted on the victim, and the defendant was punished for violating the Act on Special Cases concerning the Settlement of Traffic Accidents.

However, the defendant recognizes the facts charged and is against the defendant, and when it comes to the trial, the defendant does not want the punishment of the defendant, and the vehicle driven by the defendant is covered by a comprehensive insurance.

In addition, the alcohol concentration among the blood of this case is 0.050%, which is the lowest of the punishment criteria, and the circumstances that should be considered in the situation of driving under drinking (nive driving due to the previous drinking), and there is no traffic-related criminal record except for the crime of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, which was committed by the defendant in 1989.

B. The defendant was detained for more than two months, and there was also an opportunity to repent.

In addition, in full view of the circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age, environment, sex, occupation, background leading to the commission of the crime, and circumstances after the commission of the crime, the lower court’s punishment is unreasonable.

3. As such, the Defendant’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading (inasmuch as the Defendant’s appeal is without merit, but the judgment of the court below is reversed by accepting the Defendant’s appeal, the prosecutor’s appeal shall not be dismissed in the order). The summary of facts constituting an offense and evidence acknowledged by the court is identical to those stated in the corresponding column of the judgment of the court below, and thus, they are cited pursuant to Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and the Criminal Act.