The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The public prosecutor's assertion of unfair sentencing is recognized as the defendant's wrong determination on the prosecutor's assertion of unfair sentencing, the victim D does not want the defendant's punishment, the victim D does not want the victim's injury, the victim's automobile insurance is likely to have been damaged to a certain extent due to the victim's automobile insurance, and the defendant has no criminal record exceeding a fine. However, this case constitutes a case where the defendant was punished twice or more due to drunk driving, and the Road Traffic Act is severely punished by a fine. However, in the case of imprisonment, the statutory minimum limit is one year, and the defendant is one year, in the case of imprisonment, and the case causes the accident that the defendant injured a person. Furthermore, the defendant can be sentenced to a criminal record of a fine due to this kind of crime, and considering the defendant's age, character and behavior, health, home environment, blood alcohol concentration, the background and result of the crime, the circumstances after the crime, etc., the court below's imprisonment with prison labor for a longer period than probation, 10 years, 10 years and 10 years.

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

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 below, and thus, it is cited 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 as to the crime and Article 148-2 (1) 1 of the Road Traffic Act, Articles 144 of the Road Traffic Act.