All judgment of the court below shall be reversed.

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

The above fine shall be imposed on the defendant.

1. The sentence (a fine of four million won) imposed by the lower court on the summary of the grounds of appeal is too unreasonable.

2. The Court rendered ex officio reversals and examines each appeal case against the lower judgment.

Each crime in the holding of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed in accordance with Article 38(1) of the Criminal Act.

The judgment of the court below has reasons for ex officio destruction.

The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without proceeding to decide on the grounds for appeal by the defendant, and the judgment is again ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below. Thus, all of the judgment below are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Road Traffic Act and the choice of punishment for the crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant reflects the mistake of the crime of this case and does not repeat the crime.

However, on 2011, the Defendant had a record of punishment for drinking driving, and again committed the instant crime.

The defendant's blood alcohol concentration was higher than 0.136%, 0.126%, and caused a traffic accident that causes physical damage.

In addition, the conditions of all the sentencing shown in the records and arguments, such as statutory punishment of this case, the age, character and conduct, environment and health conditions of the defendant, shall be determined in the same manner as the order.