Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

2. The instant crime in determining the grounds for appeal is punishable strictly by the Defendant in light of the following: (a) the Defendant driving a vehicle in a state where it is difficult to drive the vehicle normally while under the influence of alcohol and resulting in an injury to a pedestrian victim; (b) the nature of the crime and the criminal fact are not good; and (c) the Defendant’s blood alcohol concentration is relatively high by 0.175%.

However, in full view of various sentencing conditions of Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion of unfair sentencing is unreasonable, given that it is unreasonable for the lower court to have imposed the sentence too too much, on the grounds that the Defendant’s punishment is unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column 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 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of the crimes of the above two crimes is aggregated);

1. The favorable circumstances as seen earlier under Articles 53 and 55(1)6 of the Criminal Act for discretionary mitigation.