Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

2. It is recognized that the Defendant has the criminal records of a fine not exceeding five times due to drunk driving or unlicensed driving, and one time as sentenced to a suspended sentence, and the instant crime was committed during the suspended sentence period of the judgment sentenced to the above suspended sentence, and that the blood alcohol concentration at the time of committing the crime reaches 0.127%.

However, in light of the fact that the defendant is both committed, the two-month period of imprisonment is to not repeat a crime by breaking his mistake in depth through a prison life, the driving of this case does not cause traffic accidents, and other various circumstances that form the conditions for sentencing, such as the defendant's career, health, and family relationship, the punishment sentenced by the court below is too unreasonable.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again ruled

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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