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. In light of the prosecutor’s summary of the grounds of appeal (e.g., the Defendant’s blood alcohol concentration relatively high, the circumstances leading up to the occurrence of the accident, the degree of negligence and the degree of damage, etc., the lower court’s sentence that sentenced a fine of KRW 5,00,000 is too low and unreasonable.

2. Prior to the judgment on the above ground of appeal by authority, prior to the judgment on the above ground of appeal, since the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and the violation of the Road Traffic Act with respect to the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, the sentence to be sentenced within the scope of the punishment imposed with respect to concurrent crimes under Article 38(1) of the Criminal Act is determined, the court below

Therefore, the judgment of the court below can no longer be maintained.

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence are as shown in 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. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant order for provisional payment is that the instant accident was committed by a sudden back in order to avoid the drinking control.

The reason why the accident occurred is bad, and the blood alcohol concentration of the defendant is relatively high, and the defendant led to confession of the facts charged in this case and made his mistake.