The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (in the period of eight months of imprisonment, two years of suspended execution, one year of surveillance of protection, 40 hours of compliance driving, community service 40 hours) is too unfluent and unfair.

2. Determination

A. It is recognized that the Defendant confessions the instant crime and reflects the fact that the Defendant subscribed to liability insurance.

B. However, in full view of the following circumstances: (a) the Defendant, while driving a vehicle in the state of drinking, did not take measures such as aiding and abetting the victim on the spot while causing a traffic accident; (b) did not agree with the victim; (c) had three times the history of punishment for driving under drinking; and (d) other various factors that form the sentencing conditions specified in the argument in the instant case, such as the Defendant’s age, environment, and circumstances after the crime, the lower court’s sentence is deemed unfair and unfair.

(c)

Therefore, the prosecutor's above assertion is justified.

3. In conclusion, the prosecutor'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 it is so decided as follows through a new theory of change.

Criminal facts

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

Application of Statutes

Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 268 of the Criminal Act; Articles 148 and 54(1) (a) of the Road Traffic Act; Articles 152 subparag. 1 and 43 (a) of the Road Traffic Act concerning the crime

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment [the scope of recommending punishment] The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act (the scope of recommending punishment] is minor (the period between June and October) for mitigation area (the period between June and October) after traffic accidents.