The judgment of the court below is reversed.

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

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

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below is unreasonable in light of the following facts: (a) the defendant was detained in the court below, and there was no history of punishment for the previous violation of the Road Traffic Act except that the defendant was punished twice due to the violation of the Road Traffic Act, such as drinking driving, etc.; (b) the defendant's age, character and conduct, and environment, which led the victims to an injury; (c) the victim's injury is relatively minor compared to the degree of shock; (d) the defendant's vehicle was covered by the comprehensive motor vehicle insurance; and (e) there was no history of punishment for the previous violation of the Road Traffic Act except that the defendant was punished twice by the crime of violating the Road Traffic Act, such as drinking driving; and (e) the defendant's mistake was remarkably divided in depth while living for three months after being detained in the court below; and (e) all the sentencing

3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each 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 ordinary concurrent crimes (mutually between violations of the Act on the Aggravated Punishment, etc. of Specific Crimes);

1. Selection of each sentence of imprisonment;

1. Among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes shall be aggravated to the extent that the punishment is added up with the maximum term of two crimes prescribed in the Act on the Aggravated Punishment, etc. of Specific Crimes with heavy penalty;