The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. The fact that the Defendant was punished on six occasions due to drinking or non-licensed driving (hereinafter all fines) is the fact that the instant crime was committed by the Defendant, which caused damage to the Defendant’s vehicle and did not properly take relief measures even though the Defendant was deprived of the central line, thereby causing injury to the victim. The fact that the nature of the crime is not negligible, etc. is disadvantageous to the Defendant.

However, in full view of all the circumstances that are favorable to the defendant, such as the fact that the defendant recognizes the crime of this case and reflects the victim, the injury of the victim is minor to the extent that it requires two weeks of care, and the damage of the victim is not limited to the extent that it is necessary to repair expenses of 6.10,000 won, the vehicle of the defendant is covered by comprehensive insurance, the defendant's vehicle is also covered by the victim, the defendant's agreement is also reached with the victim, there is no criminal conviction above the suspended execution, and the defendant lives with economic difficulties, and other circumstances that are conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sex behavior, motive for the crime, and conditions before and after the crime, the above argument by the court below is reasonable, and therefore

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as 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 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of failing to take measures after the accident)

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