The judgment of the court below is reversed.

Defendant shall be punished by a fine of 20 million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor) by the lower court is too unreasonable.

2. The judgment of the defendant committed a crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and a crime of violation of the Road Traffic Act (Unlicensed Driving) again during the suspended execution period, and is serious damage to victims of other vehicles.

According to the results of the decision of the court, the victim J (at that time seven years of age) who was on board the other vehicle is receiving treatment for the sexual impulse and mental impulse up to now, and the family members of the victim are also suffering from considerable mental distress.

According to the black image CD (Evidence No. 48 pages), the accident time recorded in the Defendant’s black box is 21:09:40, and the Defendant had already changed his signal to yellow before entering the intersection of the accident point (21:09:34), but the signal was proceeding for one year, and the signal was changed to red (21:09:38) and started to stop the stop line at the front of the intersection by the time the signal was changed to red (21:09:38), so the Defendant’s fault is deemed considerably significant in light of the circumstances leading up to the accident.

In addition to the above past convictions (two months of imprisonment, two years of probation, two hours of community service order, 80 hours of order to attend a lecture, and 40 hours of order), the Defendant was punished by a fine on two occasions due to drunk driving (the fine of two million won on December 30, 2016, the fine of four million won on April 14, 2017, and the fine of three million won on April 25, 2017), and the Defendant was punished by a fine on one occasion due to driving without a license (the fine of three million won on August 25, 2017).

Since the Defendant repeats a number of crimes by intention or negligence in relation to driving of a motor vehicle, the liability for the crime of this case is not against the law.

However, the accident of this case occurred due to negligence during the night driving, and did not cause an accident due to drinking driving, etc., the victims of the other vehicle paid 9 million won to the victims of the other vehicle, and the vehicle of the defendant is covered by the comprehensive insurance.