The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (two years of suspended sentence in August, and one hundred and sixty hours of community service order) is too unreasonable.

2. The crime of this case is a situation unfavorable to the Defendant, where the Defendant was driving alcohol while driving alcohol, and the victim was faced with an injury by collision with the driver’s car driven by the victim who was going on the opposite line while driving alcohol, and the nature of the crime is not good. The fact that the alcohol level among the blood transfusion at the time of the crime of this case is very high to 0.257%, etc. is disadvantageous to the Defendant.

However, the fact that the defendant is recognized as committing the crime of this case, the degree of injury is not more than 2, the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance (Evidence No. 42 of the evidence record), the fact that the vehicle operated by the defendant was smoothly agreed with the victim (Evidence No. 64 of the evidence record), the first crime, and the sale of the recent driver's vehicle, etc. (Evidence No. 3 and No. 4 of the evidence attached to the reason for appeal of March 20, 2017) are favorable to the defendant.

In addition, considering the various circumstances that are the conditions for sentencing as shown in the records and pleadings of this case, such as the Defendant’s age, environment, sex, motive of the crime, and circumstances before and after the crime, the sentence of the lower court is too unreasonable.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each 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. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving), Articles 148-2(2)1 and 44(1) of the Road Traffic Act (the point of driving alcohol).