The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and two months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. In light of the following factors: (a) the Defendant, who had been punished twice due to the violation of the Road Traffic Act due to the driving of drinking, such as this case, has caused a traffic accident while repeatedly driving under the influence of drinking; and (b) the necessity of strict punishment for the crime of driving under drinking, etc., the Defendant’s sentence is inevitable.

However, in addition, considering the following factors: (a) the Defendant’s entire criminal facts of this case, and the Defendant committed the crime of this case in depth, and the health condition is not good due to a liverion, etc.; and (b) the victim of traffic accident was smoothly agreed with the victim of traffic accident in depth; and (c) the victim was not punished against the Defendant; and (d) other various sentencing conditions on the records of this case, such as the Defendant’s age, sex, family environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the punishment imposed by the lower court is too unreasonable than that of the light.

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 well-grounded, and the judgment below is reversed in accordance with the arguments, but the prosecutor's appeal is not dismissed as long as the judgment of the court below is accepted

[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, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act, and each of them shall be punished by imprisonment.