Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

The punishment (six months of imprisonment) imposed on the accused by the court below is too unreasonable.

Judgment

Considering the fact that the Defendant was under the influence of alcohol content 0.164% while driving a vehicle while being under the influence of alcohol content 0.164% even though the Defendant had been punished several times for committing the same kind of crime, the Defendant should be punished strictly.

However, considering all of the sentencing conditions in the records and arguments of this case including the fact that the defendant confessions all of the crimes of this case, the degree of injury suffered by the victim H and J is not more severe due to the above traffic accident, that the defendant agreed smoothly with the victims, that the defendant was detained for about four months, that the defendant has the time of self-determination, that the defendant was constantly deprived of the right right angle of the defendant, that the operation of the defendant was urgent, and that the health status is not good, etc., the court below's punishment against the defendant is somewhat inappropriate. Thus, the defendant's assertion of unfair sentencing is justified.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

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

Application of Statutes

1. Article 3 (1), Article 3 (2) (proviso) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts, Article 268 of the Criminal Act, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of each alternative fine for punishment;

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