The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 15 million) is too uneasy and unreasonable.

2. Before making a judgment on the grounds for appeal, it is evident that the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the crime of violation of Road Traffic Act (influence of alcohol) in the judgment of the court below is a substantive concurrent crime under the former part of Article 37 of the Criminal Act. Thus, when selecting and punishing each fine, the amount of fine should be determined within the scope of the aggravated punishment by applying Article 38 (1) 2 of the Criminal Act. However, the court below omitted the application of the relevant Act and subordinate statutes, which affected the judgment.

In this regard, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

(a) Points on each duty and on each side: Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

(b) Driving under drinking: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (a punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents between Crimes in each Judgment and Crimes in Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and punishment against I which has the largest sentence);

1. Crimes of violating the Act on Special Cases concerning the Settlement of Traffic Accidents: Imprisonment without prison labor for a violation of the Road Traffic Act, which has decided to select a sentence of imprisonment without prison labor;

1. Article 37 of the Aggravation of Concurrent Crimes Act.