The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The judgment of this case is that the defendant caused a traffic accident by gross negligence that the defendant gets involved in driving while driving a motor vehicle while normal driving is difficult due to drinking and causing the two victims to suffer from 12 weeks or 8 weeks of injury, which requires medical treatment. In light of the degree of breach of duty of care, the degree of injury suffered by the victims, etc., the issue is not less complicated.

On the other hand, the defendant's vehicle is covered by the automobile comprehensive insurance, and the insurance money is paid to the victims, and the defendant was in the first instance, and the 12 million won was deposited with the victim F (the court below's deposit).

Along with the fact that the victim H paid 8 million won each to the victim, it seems that the victim agreed with the victims, as a result of the instant case, the defendant suffered a big injury and was detained for about two months, and that the defendant had an opportunity of deep reflectiveness, and that the first offender was the State of distinguished service under the age of 73 years, etc. are favorable to the defendant.

In full view of the above circumstances and the Defendant’s age, sex, environment, and circumstances after the commission of the crime, the lower court’s punishment is somewhat unreasonable and 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, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 44-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime committed under the relevant provisions of the Act;

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

1. Selection of each sentence of imprisonment;

1. Aggravation concurrent crimes;