The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment, three years of suspended sentence, protection observation, and 40 hours of order to attend a compliance driving) is too unreasonable.

2. The crime of this case committed under the influence of alcohol by the Defendant, while under the influence of alcohol, was driven by the Defendant, resulting in a traffic accident, resulting in injury to the victim, and failed to take necessary measures even after the damaged vehicle was destroyed, and the nature of the crime is not good. The Defendant’s blood alcohol concentration at the time of this case is relatively high, and thus, is disadvantageous to the Defendant.

On the other hand, it is against the defendant's wrong recognition of his mistake, there is no particular criminal history for the defendant, and the degree of injury of the victim is relatively minor.

The fact that the vehicle of the defendant is seen, the fact that the vehicle of the defendant is covered by the comprehensive automobile insurance, and the agreement with the victim is favorable to the defendant.

When comprehensively taking into account the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s career, age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, the sentence sentenced by the court below is deemed unfair.

Therefore, the defendant's above assertion is justified.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury), Articles 148, 54(1) of the Road Traffic Act (the point of non-measures after damage) and Articles 148-2 subparag. 2 and 44 of the Road Traffic Act concerning the crime.