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 summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unfasible and unfair.

2. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment.

In a case where a person drives a vehicle while under the influence of alcohol without taking necessary measures, such as causing injury to another person on duty and providing relief to the injured person, etc., the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and the crime of violation of Road Traffic Act (Linginging Vehicles) are established, respectively, and each of the above crimes is in a relation of substantive concurrent crimes (see Supreme Court Decision 97Do447, Mar. 28, 1997). The lower court did not increase concurrent crimes against each of the above crimes.

Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to the number of crimes.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

[Judgment in its entirety] In addition to adding "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles)" to "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles)" under Article 369 of the Criminal Procedure Act, a summary of the facts constituting the crime and the evidence recognized by the court below and the summary of the evidence is identical to each corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of

Application of Statutes

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after causing occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after causing damage to goods), Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning the crime;

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

1. Selection of each alternative fine for punishment;