The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. In light of the fact that the Defendant again committed the instant crime even if he/she had had the same criminal record in several times, and that the Defendant’s blood alcohol concentration is high, strict punishment against the Defendant is required.

However, in light of the fact that the defendant's mistake is divided in depth, that the defendant has made an additional agreement with some victims in the trial, that the most recent same criminal record was prior to about seven years, that is, the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the court below's punishment is too unreasonable. Thus, the defendant's above assertion is without merit, and the prosecutor's above assertion is without merit.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in 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) 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 (the occupation of any motor vehicle in the course of and on duty due to the driving of any motor vehicle), Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the occupation of any motor vehicle under influence of alcohol);

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

1. Selection of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence, and a crime of violating the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the same Act, the aggravated punishment for concurrent crimes (Provided, That the lowest sentence shall be determined by the punishment that is set forth for the crime of violating the Road Traffic Act);

1. Reduction of a small amount;