The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The appellate court’s sentence (10,000,000 won in 10,000) on the summary of the grounds for appeal is deemed unreasonable as it is too uneasible.

2. Before the judgment on the grounds for an ex officio appeal is made, the prosecutor applied for amendments to the indictment with the contents of the indictment in the case where the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death and injury caused by danger) among the facts charged in the case at bar, and since this court permitted the amendment, the judgment of the court below was no longer maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper argument of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

【Grounds for the judgment to be used again】 The fact of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts constituting the crime and the summary of evidence is changed as shown in the separate sheet, and therefore, it is identical to the corresponding column of the judgment of the court below. Thus, it is cited as it is 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 (referring to the injury or injury caused by the driving of each risk) regarding the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (1) 2 and 44 (2) of the Road Traffic Act (referring to the

1. Punishment provided for in Articles 40 and 50 of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes [a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes against I whose inter-crimes are the largest between crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes];

1. Selection of an alternative fine for punishment;

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. The instant crime on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is being driven while the Defendant was under the influence of alcohol.