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

The above fine shall not be paid by the defendant.

2. Although the blood alcohol content of the Defendant at the time of the instant case is high as 0.167%, considering all the circumstances, such as the Defendant’s blood alcohol content at the time of the instant judgment, the Defendant’s mistake is recognized, the Defendant’s act of having no record of punishment due to drunk driving, the driving of the Defendant’s vehicle is a motorcycle, and the Defendant’s age, character, character, environment, occupation, home condition, circumstance and details leading to the instant crime, and circumstances after the instant crime, the sentence of the lower court is too unreasonable.

Therefore, the defendant's argument is justified.

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 the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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

1. The sentencing grounds for the sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are determined by comprehensively taking account of these factors in the sentencing grounds.