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 lower court’s sentence (one year of suspended sentence, one year of protection observation, 40 hours of community service order, and 40 hours of lectures for treatment of alcohol addiction in the period of eight months of imprisonment) is too unreasonable.

2. The driving of judgment is an offense that may inflict a great harm on an unspecified person, and is highly likely to pose a significant social risk.

In particular, the Defendant caused the instant traffic accident while driving alcohol and the risk of driving alcohol was realized.

This is disadvantageous to the defendant.

However, the defendant agreed with all victims in the court below and the trial of the party.

In addition, there is no criminal history of the defendant.

In addition, the defendant is divided into his wrongs, and again, he does not distort such wrongs.

There are many things.

In addition, comprehensively taking account of the defendant's age, sex and environment, motive, means and consequence of the crime, and various sentencing conditions as shown in the arguments in this case, such as the circumstances after the crime, the court below's punishment is too unreasonable. Thus, the defendant's above assertion 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, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in 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 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of long-term punishments) to increase concurrent crimes;

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

1. The order of provisional payment;