The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable;

2. The crime shall be deemed to have been committed against a drunk passenger while driving on behalf of the person in question, the crime shall be deemed to have been committed, the crime shall be deemed to have been committed during the period of suspension of execution, and the amount of damage shall be sentenced to punishment.

However, considering that both parties agreed with victims and 6.7 million won have been repaid to victims L after the decision of the court below, the sentence of the court below is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act and the choice of punishment for the crime, Article 329 of the Criminal Act and the choice of imprisonment;

1. The sentence shall be determined as per the order, taking into account the various circumstances examined in the determination of the reasons for sentencing prior to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, by adding concurrent crimes.