1. The judgment below is reversed.

2. The defendant shall be punished by a fine of KRW 10 million.

3. The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal that the court below rendered by the defendant (7 million won of a fine) is too unhued and unfair.

2. It is recognized that the defendant recognized the crime of this case, committed the crime of this case, committed the second offense, committed the second offense, committed the second offense, committed the drunk driving or the traffic accident, the criminal defendant does not have a criminal record, and the criminal defendant does not have a criminal record, and if the criminal sentence is finalized, for eight months of the suspended imprisonment, and the defendant's family and branch members want to leave the wife

However, it is also recognized that the Defendant committed the instant crime during the period of the suspension of execution, which was finally and conclusively sentenced to the two-year suspended sentence in October 11, 2017 due to non-licensed driving, etc., for which the two-year suspended sentence became final and conclusive on October 11, 2017.

In addition, considering the various circumstances such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and result of the crime, it is judged that the sentence imposed by the court below is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as 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. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the provision of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of fines, respectively, for the selection of fines;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;