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

The above fine shall not be paid by the defendant.

2. In light of the fact that the judgment defendant had a record of being punished several times for the same crime, and in particular, he/she committed the instant crime again during the suspended execution period, even though he/she was sentenced to a suspended sentence of two years in October 2014 due to a drunk driving, he/she shall be sentenced to strict punishment for the defendant.

However, in full view of all the sentencing conditions, including the fact that the crime of this case was not caused by traffic accident, the fact that the defendant was detained for six months, and that the defendant seems to have repented in depth with his mistake without being detained for six months, and that the continuous detention of the defendant brings about excessive difficulty to his dependants, and the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to 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 all the same as the corresponding columns 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 (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 to attract a workhouse;

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