The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

1. The main point of the grounds for appeal is as follows: (a) the sentence imposed by the court below on the defendant (the suspended sentence of a fine of four million won) is too unhued and unfair.

2. In full view of the following circumstances, the judgment of the court below is deemed unfair on the ground that the punishment of the court below is too unjustifiable, in light of the following circumstances: (a) the defendant's confession of criminal facts; (b) the defendant is the first offender; (c) the defendant's motor vehicle is covered by comprehensive insurance; (d) the degree of injury the victim is two weeks in need of comprehensive insurance; and (e) the defendant's injury is hard to find; (e) the defendant's negligence in violation of the signal while driving a motor vehicle in drinking condition and causing a traffic accident; and (e) the defendant's blood alcohol concentration is higher than 0.17%; (e) the defendant's blood alcohol concentration is higher than 0.17%;

3. In conclusion, the prosecutor'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 it is decided as follows.

Criminal facts

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

Application of Statutes

1. Article 3 (1), the proviso to Article 3 (2) 1, and Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment), Article 3 (1) 1, and 8 of the Act on Special Cases concerning the Selection of

1. Of concurrent crimes, Article 37 (former part), Article 38 (1) 2 and (2), and Article 50 of the Criminal Act [the punishment shall be aggravated (which shall be added within the scope of the sum of the long-term punishments of the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy punishment) and shall be punished by imprisonment with prison labor: Provided, That the lower limit shall be the punishment determined for the crimes of violation of the Road Traffic Act];