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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.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months) that the court below sentenced against the defendant is too unreasonable.
2. The judgment of the court below is too unfair in light of the motive and background leading up to the crime of this case, the defendant's blood alcohol concentration was considerably high by 0.236% at the time of the crime of this case, the defendant caused contact accident due to the crime of this case, although there are unfavorable circumstances such as the defendant's recognition of the crime of this case, the defendant has an opportunity to reflect through his daily life for a considerable period of time, there is no history of being sentenced, there is no history of punishment exceeding the fine of the same crime, and it seems that the former suspended sentence (three years of imprisonment for a two-year suspended sentence) is too harsh compared to the degree of the crime of this case by sentence of imprisonment with prison labor for the defendant, and other various sentencing conditions as shown in the records such as the defendant's age, character and behavior after the crime of this case are considered.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, and therefore they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of driving sound and the selection of fines);
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Criminal Procedure Act;