The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 20,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. The judgment of the accused has a record of criminal punishment three times for the same crime, and in particular, it is necessary to punish the accused with corresponding punishment on the ground that he/she causes an accident while driving a drinking or non-exclusive license without being aware of the fact that he/she was sentenced to the imprisonment of eight years for the same crime and was sentenced to the imprisonment of two years for the same crime.

However, in full view of the following circumstances: (a) the Defendant fully acknowledges the instant crime; (b) the Defendant has an opportunity to reflect the victim’s life through confinement for at least six months; (c) the degree of injury suffered by the victim is minor; (d) the Defendant recovered the damaged victim; and fully agreed on the Defendant’s imprisonment with prison labor for which the execution of the sentence was suspended; and (e) the Defendant’s age, sex behavior, environment, family relationship, and circumstances after the instant crime were committed; and (e) the sentence conditions specified in the instant case, such as the Defendant’s age, sex, family relationship, etc., the sentence imposed by the lower court is somewhat unreasonable; and (b) the Defendant and his defense counsel’s allegation of the foregoing unfair sentencing is reasonable.

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

Criminal facts

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

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving), Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (a point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.