The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months) imposed by the court below is too unreasonable.

2. The defendant's crime is hot in light of the circumstance of the accident in this case, the degree of injury to the victim, etc. when considering the fact that the defendant was punished for driving under drinking again even though his/her force was possible;

However, considering the various sentencing conditions indicated in the records and arguments of this case, such as the fact that the defendant acknowledges and reflects all of the crimes, and that the father of the victim is paid KRW 6 million to the father of the victim in the trial, and that the victim does not want to be punished by the victim, the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Dao-written judgment] Criminal facts and summary of evidence admitted by this court are identical to the corresponding column of the judgment below, except for the alteration of "1. Special Act on the Settlement of Traffic Accidents (Bodily Injury)" to "1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury)". Thus, it is acceptable as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (1), Article 3 (2) 1, Article 6, and Article 8 of the Criminal Act, Article 268 of the Road Traffic Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the

1. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment, imprisonment without prison labor shall be sentenced and as to the crime of violation of the Road Traffic Act, each choice shall be sentenced;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act [Article 50 of the Criminal Act shall be severe concurrent crimes within the scope of adding up the long-term punishment for two concurrent crimes which are heavier than that prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents (the term of the bodily injury crime shall