The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

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 has four times the power of punishment for drunk driving, and as such, the defendant should be punished strictly because he/she gets injured by the victim by driving a drunk driving and causing traffic accidents.

However, in light of the fact that the defendant led to his confession of crime and reflects his mistake in depth, the defendant did not have been punished in excess of a fine due to drinking driving, and the crime of this case was committed six years or more after the defendant was punished last, and the vehicle of the defendant was covered by a comprehensive insurance, and that the defendant was smoothly agreed with the victim, and all the sentencing conditions specified in the argument of this case, including the defendant's age, character and conduct, and occupation, the judgment of the court below is unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment) concerning criminal facts;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2 and (2), and Article 50 of the same Act (Aggravation of concurrent crimes with punishment prescribed for a violation of the Road Traffic Act with heavier punishment);

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the above);

1. The Criminal Act, the suspension of execution;