Defendant shall be punished by a fine of 12,000,000 won.

The above fine shall not be paid by the defendant.

2. Although there are circumstances, such as the fact that the defendant was punished for the same kind of crime, that the blood alcohol concentration is considerably high, and that the crime is not good by threatening the victim who reported the defendant, the defendant's mistake is recognized, even if the accident occurred, it seems that the degree of damage to another person is not significant compared with the motor vehicle in ordinary cases, and in full view of all other circumstances such as the defendant's age, character, character, environment, occupation, circumstance and details leading to the instant crime, and circumstances after the crime, etc., the sentence of the court below is too unreasonable.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating vehicles which are not mandatory insurance), Article 283 (1) of the Criminal Act (the point of intimidation), and selection of fines, respectively;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for reversal of the grounds for sentencing under Article 334(1) of the Criminal Procedure Act are the same as those for the provisional payment order.