The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The defendant asserts that the sentencing of the court below on the summary of the reasons for appeal (eight months of imprisonment with prison labor) is too small, and the prosecutor is too unhued and unfair.

2. The Defendant agreed with E as the victim of a traffic accident, and the blood alcohol concentration in blood is relatively lower than 0.067%.

The Defendant committed the instant crime not by the same kind of crime but by the probation period.

In addition, in full view of the circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, family relationship, motive, background, means and consequence of the crime, the circumstances after the crime, the sentencing of the court below is unfair rather than too narrowly.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading.

[Re-written judgment] Summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below.

Application of Statutes

1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of causing occupational negligence, the selection of imprisonment without prison labor), Article 148-2(1)1 and Article 44(1) of the Road Traffic Act (the occupation of drinking, the selection of imprisonment), Articles 152 subparag. 1 and 43 of the Road Traffic Act (the occupation of unlicensed driving, the occupation of imprisonment without prison labor)

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes stipulated in the Act on Special Cases concerning the Settlement of Traffic Accidents, the largest punishment shall be aggravated: Provided, That the lowest punishment shall be determined by the punishment prescribed for the crimes concerning the violation of the Road Traffic Act];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, orders to attend lectures, and orders to provide community service under Article 62-2 of the Criminal Act;