Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

2. The Defendant had been sentenced to punishment several times due to drinking or unlicensed driving, and committed the instant crime again during the period of suspension of execution due to the same crime.

At the time, blood alcohol concentration was 0.263% higher.

However, there is no criminal punishment exceeding the suspension of execution, and the defendant scraps the vehicle and does not repeat the vehicle by breaking the error of the crime in this case in depth.

The defendant is not in a good health condition due to the old age of 72 years, and there are circumstances in which the defendant needs to support his wife with poor health conditions.

In addition, considering all of the sentencing conditions shown in the records and arguments, such as the character, conduct and environment of the defendant, the punishment imposed by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized 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 provisions of Article 148-2 (1) 1, 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 for the detention of a workhouse;

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