The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. The reasoning for the appeal by the Prosecutor is unreasonable that the lower court’s punishment (six months of imprisonment) is too uneased.

B. The reasoning of the lower court’s appeal is too unreasonable that the Defendant’s imprisonment (six months of imprisonment) is too unreasonable.

2. The judgment of the court below on the sentencing recognized the defendant's error, and the comprehensive insurance with respect to the defendant's vehicle was purchased under the name of his spouse (Provided, That the amount of compensation is limited due to the defendant's driving without permission for drinking alcohol), the bereaved family's deposit of KRW 1 million against the court below, and the victim was in a state of driving at night.

However, the Defendant driven in the state of blood alcohol concentration of a high level while his license was suspended due to his previous drunk driving. The Defendant’s victim under the Defendant’s vehicle caused a large pain that led about about 34 meters, and thereby, the Defendant continued to have a large amount of punishment for his bereaved family members, and the Defendant’s age, character and behavior, family environment, etc. In light of all the sentencing conditions shown in the arguments, it is deemed that the lower court’s punishment is too unreasonable.

Therefore, the prosecutor's argument is justified, and the defendant's argument is without merit.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is delivered after pleading

(3) Article 369 of the Criminal Procedure Act provides that “The appeal by the defendant is groundless, but the appeal by the defendant shall not be dismissed separately from the disposition of the court below as long as the court below accepted the appeal by the prosecutor and reversed the judgment below.”

Application of statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death, etc. Resulting from Dangerous Driving), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the crime.