The judgment of the court below is reversed.

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

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

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. In the instant accident, the degree of injury suffered by the victim I was serious, and the Defendant’s blood alcohol concentration was high at the time of the accident, etc. are disadvantageous to the Defendant.

On the other hand, the fact that victims do not want the punishment of the defendant for the time of the trial, and that the defendant has no record of criminal punishment is favorable to the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, family environment, motive and background of the crime, and circumstances after the crime, etc., the sentence of the lower court is too unreasonable.

The defendant's assertion pointing this out is with merit.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence recognized by this court as a criminal history is the same as the corresponding column of the judgment below. Thus, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 (Punishment to be imposed on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, among the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against I of a victim who has more criminal penalty);

1. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment, imprisonment without prison labor shall be sentenced and as to the crime of violation of the Road Traffic Act, each choice shall be sentenced;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act [the punishment shall be aggravated for concurrent crimes with the punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than that of the two concurrent crimes;