Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the accused again committed the instant crime even if he had the same criminal record, and that the Defendant’s blood alcohol concentration is high, strict punishment against the Defendant is necessary.

However, considering the following factors: (a) the Defendant’s mistake is divided in depth; (b) the Defendant agreed with the victims in the trial; (c) there is no criminal conviction exceeding the fine for the Defendant; and (d) the Defendant’s age, sex and environment; (b) motive, means and consequence of the crime; and (c) the conditions of sentencing specified in the present argument, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s above assertion is reasonable; and (d) the Prosecutor’s above assertion

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, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act (the occupation of any motor vehicle in the course of and on duty due to the driving of any motor vehicle), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of any motor vehicle under influence of alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is added up by the maximum amount of the crimes under the Act on Special Cases concerning the Settlement of Traffic Accidents, which are heavier than that of the punishment) of the aggravated Criminal Act: Provided, That the lowest limit shall be determined by the punishment specified for the crimes of violation of traffic laws on roads;