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

The above fine shall not be paid by the defendant.

2. The sentence of the court below against the defendant is unreasonable in light of all the factors of sentencing indicated in the record, including the fact that the defendant recognized the crime of this case and is against the defendant, that the accident caused by drinking driving did not occur, that the defendant seems to seriously shoulder the heavyness of criminal punishment through confinement life for about three months, that the defendant committed the crime of this case during the period of suspension of execution, and that the nature of the crime of this case is poor, but the sentence for which suspension of execution is revoked due to the crime of this case is judged to be somewhat harsh compared to the crime of this case committed by the defendant.

3. The appeal by the defendant is with merit, and the judgment of the court below is reversed, and it is so decided as follows.

[Discied Judgment] The summary of facts constituting an offense and a summary of evidence is as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. The grounds for reversal of sentencing under Article 334(1) of the Criminal Procedure Act and all of the sentencing conditions indicated in the record shall be determined as ordered by taking into account the following factors.