The judgment of the court below is reversed.

The sentence against the accused shall be 7,000,000 won.

The above fine shall be imposed on the defendant.

Summary of Grounds for Appeal

The punishment of the court below (two years of suspended execution for six months of imprisonment, 80 hours of community service, and 40 hours of law-abiding lecture) is too unreasonable.

Judgment

The defendant's blood alcohol concentration is very high to 0.254%, the defendant's previous conviction is identical to the defendant, and the defendant causes a traffic accident while driving under drinking is an unfavorable sentencing factor.

However, considering the following factors: (a) the fact that the Defendant is divided into his criminal acts and reflects his criminal acts; (b) the Defendant has no record of punishment except for the same kind of criminal records once more than five years; (c) the victim’s injury is relatively minor; (d) the Defendant wants to take the Defendant’s wife against the Defendant; (b) the Defendant’s vehicle was covered by comprehensive insurance; and (c) the Defendant has contributed to society through usual volunteer activities, etc., it is a favorable factor for sentencing; and (d) other various sentencing materials that were shown in pleadings, such as the background of the instant crime, circumstances after the crime; (d) the Defendant’s age, character, conduct, and environment, the lower court’s punishment is deemed unreasonable, and thus, the Defendant’s argument is reasonable

3. Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading.

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 below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of driving a motor vehicle and the choice of a fine);

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

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