The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the lower court (ten months of imprisonment and two years of suspended execution) is too unreasonable.

2. On 2011, the Defendant committed the instant crime even though he/she had been punished by a fine for drunk driving.

The crime of this case was committed by the defendant while driving in a situation where it is impossible for him to drive normally at 0.204%, causing a traffic accident and causing an injury to the victims, and the nature of the crime is heavy.

However, the defendant has not committed a second offense in depth while committing a crime.

The degree of injury of the victims is relatively minor, and the vehicle of the defendant does not want punishment of the victims by mutual consent with the victims in addition to the comprehensive insurance.

In addition, considering the age, character and behavior, environment, etc. of the defendant and all of the sentencing conditions shown in the records and arguments, the punishment sentenced by the court below is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the punishment imposed on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes against Death or Injury

1. Selection of penalty;