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 sentence of the lower court against the accused (two months of imprisonment, two years of probation, 80 hours of community service, 40 hours of compliance driving, 40 hours of course) is too unreasonable.

2. The judgment of the court below is based on the following facts: although the defendant, who had been punished twice due to the violation of the Road Traffic Act due to the violation of the act of drinking driving, as stated in the circumstances unfavorable to the defendant, committed a traffic accident in the same state of drinking, and caused three victims to suffer injury by causing a traffic accident. However, in light of all the crimes of this case, the defendant reflects his mistake in depth while committing the crime of this case, and in light of the degree of blood alcohol concentration and the circumstance of the occurrence of the accident, etc., the case seems to fall under the so-called obsive driving, and the degree of injury suffered by victims is relatively minor, it is deemed that it is possible to recover the damage because the vehicle is covered by the comprehensive insurance, and the defendant seems to have been living without losing trust and expectation in the surrounding circumstances in his family, school, workplace, etc., the court below's sentencing is unfair in light of the defendant's age, character and behavior, occupation, family relation, motive, means and result of the crime of this case, etc.

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.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Each relevant legal provision of the Act on Special Cases concerning the Settlement of Traffic Accidents;