Defendant shall be punished by a fine of 12 million won.

The above fine shall not be paid by the defendant.

2. The circumstances favorable to the defendant are that the defendant recognized the crime of this case and reflects the fact that the accident occurred due to drinking driving, etc.

However, under the influence of alcohol level 0.161%, the Defendant was found to have been driven while driving under the influence of alcohol level 0.161%, and thus, the Road Traffic Act, which greatly strengthened the statutory punishment by reflecting the public opinion demanding strong punishment for drunk driving, was implemented, and in the circumstances widely known in society through media reports, etc., the Defendant’s age, character and behavior, occupation, motive, means and consequence of the crime of this case, and all of the sentencing conditions in the arguments of this case, such as the Defendant’s age, character and behavior, occupation, motive, means and consequence of the crime of this case, are considered to be unfair in light of the circumstances where the lower court, while choosing the Defendant as a fine, imposed a punishment by discretionary mitigation.

3. The appeal by the prosecutor of the conclusion is with merit, and the judgment of the court below is reversed, and it is decided as follows.

[Discied Judgment] The summary of facts constituting an offense and a summary of evidence is as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. The grounds for reversal of sentencing under Article 334(1) of the Criminal Procedure Act and all of the sentencing conditions indicated in the record shall be determined as ordered by taking into account the following factors.