The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. Summary of grounds for appeal;

A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the act of causing death or injury prior to the risk), according to the written statement prepared by the victim, the Defendant is fine because of the fact that the Defendant snificings, 119, and 119.

In full view of the fact that the police officer runs away from the call, the written statement written by the defendant was shown to the purport that the police officer runs away from the call, the fact that the defendant gets injured by the victim while driving an accident in a state where normal driving is difficult due to influence of drinking, it is recognized that the defendant gets injured by the victim while driving an accident in a state where normal driving is difficult due to influence of drinking.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous as affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (one hundred months of imprisonment, two years of suspended sentence, 80 hours of community service, and 40 hours of instruction of compliance driving) is too uneasible and unfair.

2. Determination

A. The summary of the facts charged (not guilty part) is a person who is engaged in driving DES 50 OES.

On April 6, 2015, while under the influence of alcohol content 0.164% during blood transfusions, the Defendant driven the above Oralba, and continued to drive the Oralba, at the speed of about 40 km from the Han River of 312, Gangnam-gu, Seoul Metropolitan Government, at the speed of about 3 lanes from the Han River of 312-ro, Gangnam-gu, Seoul.

Since the location is a road with a lot of traffic of vehicles, it is a person who is engaged in off-to-land driving.