Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

2. In light of the fact that the Defendant committed the instant crime even though he/she had been punished three times due to the same crime, and the blood alcohol concentration (0.108%) and the running distance (7 km), etc., the fact that the quality of the instant crime was poor is disadvantageous to the Defendant.

However, in full view of all other circumstances, including the defendant's age, environment, occupation, occupation, family relationship, motive, circumstance after the crime, etc., the punishment imposed by the court below against the defendant is too unreasonable, since the defendant's appeal is justified, since it is judged that the punishment imposed by the court below against the defendant is too unreasonable, since it is too unreasonable, the defendant's appeal is justified.

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;