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 lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering the fact that the crime of this case is not good, that the defendant committed the crime of this case again even if he had the same criminal record at several times, and that he/she committed the crime of this case repeatedly, and that he/she has high alcohol concentration during blood, strict punishment against the defendant is necessary.

However, considering the following factors: (a) the Defendant’s mistake is divided in depth; (b) the degree of injury suffered by the victim is not serious; and (c) the Defendant has agreed with the victim when he was in depth; (d) the Defendant’s driver’s vehicle is covered by a comprehensive motor vehicle insurance; and (e) the Defendant has no criminal record; and (e) the Defendant’s age, sex and environment; (b) motive, means and consequence of the crime; and (c) the conditions of sentencing specified in the instant pleadings, such as the circumstances after the crime, etc., the lower court’s punishment against the Defendant is too unreasonable; and therefore, the above argument by the Defendant

3. In conclusion, the judgment 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 ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the act of drinking on July 20, 2017), Article 148-2(1)1 and Article 44(1) of the Road Traffic Act (the act of driving under the influence of alcohol on July 20, 2017), Article 152 subparag. 1 and Article 43 of the Road Traffic Act (the act of driving under the influence of alcohol on October 20, 2017).

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

1. Punishment of imprisonment without prison labor shall be imposed on the crimes violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence;