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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The crime of this case was committed on the part of the defendant while driving a vehicle without using headlights at night while under the influence of 0.093% alcohol concentration in blood. In light of the situation of the accident, the degree of violation of duty of care, and the damages caused thereby, the crime was extremely poor, and the victim complained of physical, mental, and economic pain due to the instant case until now, and the victim did not agree with the victim until now. Rather, the victim did not appear in the court of the first instance while refusing to receive the money deposited by the defendant and tried to take a severe punishment against the defendant.
However, when considering the circumstances favorable to the defendant, such as the fact that the defendant has committed a crime in the first instance and against himself, that the damage was partially recovered through the liability insurance that the defendant subscribed, that in addition, he has endeavored to recover damage by depositing 6 million won for the victim in the first instance court, etc., that there is no other criminal record except for the fact that he has been punished once in violation of the Act on the Establishment of Local Reserve Forces in around 1991, that there is no other criminal record, and that there is a family member to be supported, and that there are other various sentencing conditions as shown in the argument in the instant case, such as the defendant's age, sex, family environment, motive and background of the crime, means and consequence of the crime, and the circumstances before and after the crime, the punishment imposed by the court below is somewhat unreasonable.
3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows.
[Judgment] Summary of facts constituting an offense and evidence.]