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. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unfluent and unreasonable.

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

Since 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 (drinking) are concurrent crimes under the former part of Article 37 of the Criminal Act, the defendant should be punished within the scope of aggravated concurrent crimes under the Act on Special Cases Concerning the Settlement of Traffic Accidents (see Supreme Court Decision 2001Do3221, Oct. 12, 2001). The court below punished the crime of ordinary concurrent crimes, which affected the conclusion of the judgment.

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown 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 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of each alternative fine for punishment;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the aggravated punishment (limited to the total amount of the above two crimes) for concurrent crimes under the Act on Special Cases concerning the Settlement of Traffic Accidents, the heavier punishment shall be increased, but the lower limit of fines shall be the punishment determined for the crimes concerning the violation of Road Traffic Act];

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

1. The order of provisional payment;