Defendant shall be punished by a fine of 12,000,000 won.

The above fine shall not be paid by the defendant.

2. The judgment of the Defendant, who was sentenced to the suspension of the execution of official duties in 2019, became final and conclusive due to the crime of interference with the performance of official duties and injury, and the fact that the instant crime was committed in approximately two months without being aware of the fact that the Defendant was in the suspension of the execution of such duties. The fact that the Defendant performed meals up to the day immediately before driving of the instant drinking, and driving a considerable amount of drinking alcohol, such as drinking almost about one bottled with each other, is disadvantageous.

On the other hand, the above suspended sentence is a criminal record of a different kind from this case, and the defendant has no record of being punished for driving or larceny for the past time, the defendant has agreed with the victim of larceny at the court below, and the defendant's driving of alcohol is subject to punishment for the criminal facts that he/she has driven in the state of not less than 0.03% but less than 0.08% which is most favorable to the defendant, because it is difficult to clearly specify the alcohol concentration in blood at the time of the defendant's person's driving.

In addition, considering the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of the sentencing specified in the argument of this case, such as the circumstances after the crime, the sentence of the court below is too unreasonable, and the defendant's above assertion is reasonable.

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

Criminal facts

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

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 148-2 (3) 3 and Article 44 (1) of the Road Traffic Act, and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.