The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The Defendant: (a) while driving a vehicle while under the influence of alcohol, caused a very large degree of violation of the duty of care as he/she invadeds the central line; and (b) at the time of the accident, the instant traffic accident was serious in light of shock and the degree of damage to the vehicle.

It is reasonable to punish the defendant according to the circumstances, such as the fact that a number of victims have occurred due to the instant traffic accident, the injury suffered by the victims is very heavy, and the defendant has been punished for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

However, the victims who joined the vehicle of the defendant do not want to be punished by the defendant, the defendant does not have any record of punishment for the crime of driving alcohol, and all of the crimes of this case can be recognized as favorable to the defendant. In particular, the defendant agreed with the victim E who driven the damaged vehicle in the appellate trial, and the above victim does not want to be punished by the defendant.

In full view of the above circumstances and other conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, motive, means and consequence, etc., the sentence of the lower court is somewhat unreasonable.

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 reasonable, and the judgment below is reversed and it is ruled again as follows

Criminal facts

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

Application of Statutes

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents under the relevant Act, Article 3(2)2 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)3 and Article 44(1) of the Road Traffic Act concerning criminal facts (the driving of drinking alcohol).