The judgment of the court below is reversed.

Defendant shall be punished by a fine of eight million won.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The judgment of the Defendant committed the instant crime without being aware of the occurrence of the injury to the victim under the influence of alcohol, and without being aware of the suspension of execution due to the crime committed during the period of suspension of execution.

However, in full view of the following circumstances: (a) the Defendant admitted the facts charged; (b) there is no previous conviction such as drinking driving; and (c) there is no history of punishment for a sentence; (b) the Defendant agreed with the victim and the driver’s vehicle was covered by a comprehensive insurance; (c) the victim’s injury was relatively minor; and (d) the Defendant appears to have an opportunity to sufficiently reflect the Defendant’s life through detention; and (c) other circumstances that form the conditions for sentencing as indicated in the record, such as the Defendant’s age, sex, environment, circumstances leading to the crime; and (d) circumstances after the crime, the sentence imposed by the lower

3. As such, the defendant's appeal is with merit, and 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 identical to 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. Relevant Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2(2)1 and 44(1) of the Road Traffic Act, and the selection of fines for each crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;