The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of six months, the suspension of execution of one year, and the order to attend a law enforcement lecture 40 hours) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

The court below selected imprisonment among the punishments prescribed in the judgment of the defendant for each crime, and aggravated punishment for concurrent crimes as prescribed by the Act on the Aggravated Punishment, etc. of Specific Crimes with heavy punishment. Since imprisonment for not less than one year, but not more than three years, with respect to the crime of violating the Road Traffic Act (driving of Drinking) as stated in the judgment of the court below, the minimum sentence of punishment for which concurrent crimes have been aggravated, shall be one year or more.

In this regard, the lower court, without reducing the amount of punishment (including statutory mitigation), sentenced the Defendant to a punishment that deviates from the scope of the punishment.

Ultimately, the lower court’s sentence against the Defendant was erroneous by exceeding the scope of the applicable sentences permitted under law, and thus, the lower judgment was no longer maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the above grounds for reversal ex officio. The judgment below is reversed and it is again decided as follows.

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each 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. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime committed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the victim G with the largest criminal situation.