The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (ten months of imprisonment) is too unreasonable;

2. The judgment of the court below is justified in light of the following: (a) the defendant's driving of a passenger car while under drinking caused the instant traffic accident; (b) the defendant's blood alcohol concentration level was significant at the time of the accident; (c) the victim E was serious injury requiring medical treatment for about 12 weeks due to the instant traffic accident; and (d) the defendant was punished for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents around January 1996; (b) the defendant was under the influence of the violation of the Road Traffic Act around April 2007; (c) the defendant was under the influence of his mistake; (d) the defendant was against the defendant's recognition of his mistake; and (e) the degree of damage can be recovered as the defendant was covered by the comprehensive motor vehicle insurance; (e) the defendant did not have any criminal record more than a fine; and (e) there was no other record of punishment after April 207, 2007; and (e) the defendant's age, character and conduct, circumstances, method and consequence of the crime and the oral conditions of the sentencing.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as 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 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

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

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.