The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal is unfair because the punishment (the penalty of eight million won) imposed by the defendant is too unreasonable.

2. There are circumstances unfavorable to the Defendant, such as the fact that the Defendant had been punished three times due to drinking or non-licensed driving (three times a punishment) but he/she was engaged in drinking or non-licensed driving, the Defendant’s blood concentration level was 0.140% at the time, and the Defendant did not reach an agreement with the victim.

However, in full view of all other circumstances, including the defendant's age, environment, sex behavior, circumstances before and after the crime, etc., and the sentencing conditions specified in the records and arguments of this case, it is deemed unfair that the sentence imposed by the court below is too unreasonable, considering the following circumstances: (a) the defendant's injury was not much serious; (b) the defendant's old old old mother, Vietnam mother and wife; (c) the defendant must support his 7 years and 5 years of age; and (d) the defendant's age, environment, sex behavior, circumstances before and after the crime was committed.

3. Since the defendant's appeal is with merit, 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 again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as 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 257 (1) of the Criminal Act (the point of harm), Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each alternative fine for punishment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (1) of the Criminal Act for the aggravation of concurrent crimes.