The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

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 (two years of suspended execution in six months of imprisonment, one hundred and twenty hours of community service order) is too unreasonable.

2. The defendant is driving a motor vehicle under the influence of alcohol with a blood alcohol concentration of 0.193%;

The nature of the crime is not that of causing traffic accidents and causing three victims to suffer injury.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects the depth of the Defendant; (b) the Defendant was the primary offender; (c) the Defendant was the first offender; and (d) the victims wanted the Defendant’s wife; and (e) other various circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime, the sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendant and his defense counsel’s allegation of unfair sentencing is reasonable

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime by applicable law;

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

1. Selection of an alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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