The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

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

2. The Defendant committed the instant crime without being aware of the fact that he/she had been under suspension of the execution due to the instant crime. The Defendant had a criminal record of traffic multiple times, including the criminal record of drinking alcohol.

This is disadvantageous to the defendant.

However, the Defendant recognized the instant crime and opposed to it, and agreed to pay 1 million won to the victim in the first instance.

The injury suffered by the victim is relatively minor, and the female of the defendant is currently pregnant.

This is the circumstances favorable to the defendant.

The sentencing guidelines and actual values for the establishment of the Sentencing Committee are as follows: (a) one month to eight months (in the event of a minor injury, penalty is not imposed; (b) driving of drinking alcohol; and (c) driving of drinking alcohol: The sentencing guidelines are not set. Considering the various circumstances, including the Defendant’s age, environment, sex behavior, motive of the crime, and circumstances before and after the crime, etc., the lower court’s sentence is somewhat inappropriate.

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 with merit, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, which relate to criminal facts, and Article 268 of the Criminal Act (the occupation and practical occupation, the choice of imprisonment without prison labor).