The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The sentence of the lower court (the imprisonment of six months, the suspension of execution of two years, and the community service order of 160 hours) is too unreasonable.

2. The Defendant, even though having been punished twice due to the crime of drinking alcohol driving, had the history of re-driving and driving a motor vehicle again, and caused the instant traffic accident to cause the victims.

However, in full view of the following circumstances: (a) the Defendant recognized the facts charged; (b) there was no previous conviction other than the fine as seen earlier; and (c) there was no previous conviction for not less than ten years; (b) driving vehicles are covered by comprehensive insurance; and (c) the degree of injury to the victims is relatively minor; (d) the victims do not wish to punish the Defendant by agreement with the victims; and (e) other circumstances, including the Defendant’s age, sex, environment, occupation, circumstances leading to the crime; and (e) circumstances after the crime, etc., the lower court’s punishment is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading 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, the summary of the facts and evidence is cited 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 (the punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents between Violations of the Act on Special Cases concerning the Settlement of Traffic Accidents and the punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E, of which

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the Act on Special Cases Concerning the Settlement of Traffic Accidents with heavy punishment) shall apply to concurrent crimes.