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. Summary of grounds for appeal;

A. The Defendant, at the time of the accident, was not in a situation in which things cannot be separated or the rear circumstances cannot be memoryd at the time of the accident, and was driving in a situation where normal driving is difficult due to influence of drinking, as the Defendant clearly memorys before and after the accident

shall not be deemed to exist.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 5 million) is too unreasonable.

2. Determination:

A. Before making a judgment on the grounds of ex officio appeal, the court below found the defendant guilty of all the above charges by taking into account that the defendant led to a confession of all the facts charged as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (driving of alcohol), and decided and notified that the defendant should make a judgment through a simple trial. After the examination of evidence is completed in accordance with the method prescribed in Article 297-2 of the Criminal Procedure Act, the evidence presented by the court below pursuant to Article 318-3 of the same Act shall be admissible, and the evidence presented by the court below shall be deemed admissible.

According to the records of the first trial protocol of the court below, it is apparent that the defendant stated that "the defendant made a statement recognizing the facts charged" on the first trial date, and it appears to the purport that the defendant led to the confession of the facts charged. However, on the other hand, the defendant's written opinion presented six days prior to the first trial date, which was submitted by the above defendant, did not have a difficult condition to drive normally due to influence of drinking.

Considering the fact that the charges were denied on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death before and after danger), and the written opinion submitted four days prior to the date of the first trial, the Defendant’s statement on the first trial date at the trial date at the trial date at the trial date at the above was put in the column “where certain parts are different in detail, but the mistake is recognized as a whole.” As such, the Defendant’s statement on the first trial date at the trial date at the above is not deemed to be a full confession of the facts charged, but is driving with alcohol.