The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

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 is unreasonable because the sentence of a fine of KRW 10,00 is too unreasonable.

2. The crime of this case is under the influence of 0.131% of alcohol level with no license, and is under the influence of her alcohol level.

It is recognized that the case was not easy to escape even if a taxi going on the front bank was destroyed and damaged, and the defendant was sentenced to a fine of KRW 700,000 for the violation of the Road Traffic Act at the Busan District Court on June 17, 2009, and on October 12, 2010, the same court was sentenced to the suspension of the execution for 8 months, 2 years of community service order, 40 hours of attending lecture for 80 hours of community service order, without being aware of the fact that the defendant committed the crime of this case without being aware of the fact that he committed the crime of this case.

However, considering the fact that the defendant agreed smoothly with the victim, the fact that all of the crimes of this case are recognized and against the defendant, the defendant is not in economic situation as a basic living beneficiary, and other circumstances that are conditions for sentencing such as the defendant's age, environment, family relationship, occupation, etc., the punishment of the court below is somewhat heavy.

Therefore, the defendant's above assertion is justified.

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment 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, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving), subparagraphs 2, and 43 of Article 154 of the Road Traffic Act (the point of a without a license) and Articles 148 and 54 of the Road Traffic Act (the point of a measure not taken after an accident);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of running under the Road Traffic Act).