The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of eight months and the suspension of execution of two years) is too unreasonable because it is not reflected in the agreement.

2. The crime of this case, which is judged, is not likely to cause injury to the victims by causing an accident while driving under influence of alcohol.

However, it is easy for victims to suffer injuries.

The vehicle operated by the defendant was restored to all damages due to the purchase of comprehensive insurance, and the defendant separately paid the victims the money and expressed his/her intention that the victims would not want the punishment.

A defendant has no record of criminal punishment or criminal punishment exceeding the suspension of execution for the same kind of crime.

In full view of such circumstances as well as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime was committed, the lower court’s punishment is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the original judgment, and thus, they are cited 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) 3 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Making a choice of imprisonment without prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment and the crime against the violation of Road Traffic Act;

1. Article 37 of the Aggravation of Concurrent Crimes Act.