The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (7 million won of a fine) is too unreasonable.

2. The crime of this case is not that of the defendant's act of causing a traffic accident while driving a vehicle while under the influence of alcohol level 0.098%, and that is not that of the crime.

However, the defendant has no record of criminal punishment after being punished for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2003.

The defendant recognized all of the crimes of this case, and his depth is divided.

The extent of damage caused by the accident of this case is relatively minor, and victims do not want punishment against the defendant by mutual consent with the victims.

Although the defendant is unable to live as a physically handicapped person with physical disability, he is faithfully living at work, and is responsible for the treatment and livelihood of the mother who is not healthy.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all of the sentencing conditions shown in the pleadings, the sentence imposed by the court below is somewhat inappropriate.

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 facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime;

1. Crimes under Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (the crimes of violation of the Road Traffic Act after the accident).