The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The judgment is an unfavorable condition against the Defendant, such as the fact that the Defendant had been punished twice due to a violation of the Road Traffic Act, but he/she had the history of drinking alcohol and driving a motor vehicle to cause a traffic accident by driving the motor vehicle, the degree of injury to the victim is not less than that of the victim, and the depositee with high alcohol level in blood alcohol level in the Defendant’s blood.

However, the defendant paid compensation to the victim separately from the insurance money that the defendant would receive as a comprehensive automobile insurance, and the victim does not want to be punished against the defendant, the defendant shows his attitude to recognize and reflect all of the crimes of this case, the vehicle operated by the defendant is covered by the comprehensive automobile insurance, the defendant has been punished for the violation of the Road Traffic Act in 2005 and 2012, but there is a considerable interval of time from the crime of this case in 2005 and 2012, respectively, and there is no history of punishment exceeding the fine, the social relation is relatively clear, such as the defendant's husband's wife's wife's desire to be punished, and other factors such as the defendant's age, sexual behavior, environment, motive, means and result resulting from the crime of this case, and the circumstances after the crime, etc., the court below's sentence is too unfair.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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