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. The judgment of the Defendant is disadvantageous to the point that he gets involved in the center line while drunk driving and causes physical damage.

However, it seems that material damage has not been caused, and the victim does not want the punishment against the defendant, the defendant seems to be recognized and against the crime of this case, and the crime of this case in relation to special violence finalized on November 7, 2018 and concurrent crimes under the latter part of Article 37 of the Criminal Act shall be considered at the same time in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act.

In full view of these circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the court below's punishment is considered unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

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.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2(1)1 and Article 44(1) of the Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Discretionary mitigation of punishment shall be determined as ordered in consideration of the various circumstances examined prior to the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act.