Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

2. The Defendant had been punished for drunk driving in 2008, and committed the instant crime during the period of repeated crime due to other crimes.

The defendant's crime is not easy to commit a crime by causing a traffic accident while driving a vehicle not covered by mandatory insurance while under the influence of alcohol level 0.108%.

However, there is no record that the defendant was punished for a suspended sentence or heavier for the same crime.

The Defendant agreed with the victim C, and made efforts to recover the damage by paying KRW 3.5 million for the restoration cost of the fountain damaged by the accident in this case.

Defendant’s mistake in the crime of this case is divided in depth, and reflects it, and is living as a sincere member of society without reoffending it.

In addition, considering all the conditions of sentencing as shown in the records and arguments of this case, such as the age, character, conduct and environment of the defendant, the punishment sentenced by the court below is too unreasonable.

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 facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148, 54 (1) of the Road Traffic Act, Articles 148, 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Trade name;