The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The decision of the court below (one year and four months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. In light of the following circumstances: (a) the Defendant had a very high alcohol concentration in the blood of the Defendant; (b) the Defendant caused a traffic accident by driving along the road, causing a traffic accident; (c) the Defendant has been punished several times, including a punishment for driving under the influence of alcohol; and (d) the Defendant was a repeated offender due to the crime of driving under the influence of alcohol even at the time of the instant crime.

However, there are extenuating circumstances, such as the degree of injury suffered by the victim or the degree of damage of the vehicle, the distance from drinking driving by the defendant is shorter, the defendant is both starting the crime of this case, and the victim does not want the punishment of the defendant by agreement with the victim in an appellate trial.

In full view of the above circumstances and other conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, motive, means and consequence, etc., the sentence of the lower court is somewhat unreasonable.

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

Criminal facts

The summary of facts and evidence recognized by the court is the same as 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. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;