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

The above fine shall not be paid by the defendant.

2. In the case of an ex officio examination, the applicable provisions of the Act on the charged facts of this case concerning the application for changes in the contents of Article 148-2 (1) of the Road Traffic Act "Article 148-2 (3) 1 of the Road Traffic Act" were applied for changes in the contents of the indictment, and since this court has permitted this, the judgment of the court below cannot be maintained any longer

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and the following decision is made through pleading.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. As such, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the primary criminal defendant and the driving distance is relatively short. However, the blood alcohol concentration at the time of driving was very high to 0.346%, and thus, the defendant's age, character and conduct, environment, motive, means, and result of the instant crime, etc. In addition, the punishment as set forth in the text of the instant case shall be determined by taking into account all the factors of sentencing as indicated in the pleadings of the instant case.