The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant’s driving while driving a motor vehicle while under the influence of driving a motor vehicle and causing a traffic accident; (b) the fact that there is no good quality of such crime; (c) the Defendant recognized the Defendant’s crime and was detained for about two months; and (d) the victim and his/her defense counsel did not want the Defendant’s punishment by mutual consent; and (c) the Defendant’s age, character and behavior, environment, family relationship, and circumstances after committing the crime; and (d) other circumstances that form the conditions for sentencing specified in the instant case, including the Defendant’s age, character and behavior, family relationship, and the Defendant’s punishment is somewhat unreasonable; and (e) the Defendant and his/her defense counsel’s allegation of unfair sentencing is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown 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. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of a sound driving), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crime of violation of the Road Traffic Act due to the damage of property by occupational negligence, and the crime of violation of the Road Traffic