The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The Defendant had been punished several times due to the same criminal act (three times of fine, one time of suspended execution), and again committed the instant crime during the suspended execution period.

The alcohol level was 0.198% higher than that of the blood alcohol level.

However, the defendant has divided the crime in depth, and disposes of the vehicle and not repeating the crime.

The distance of the defendant's driving is about 10 meters, and some of the driving circumstances can be considered.

Before committing the instant crime, the Defendant appears to have worked in the night-time business place in good faith, and there is also a situation in which the Defendant supports the wife.

In addition, in full view of the circumstances in which the wife and the branch of the defendant wished to have the preference against the defendant, and all the sentencing conditions shown in the records and arguments, such as the defendant's age, character and conduct, environment, etc., 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 on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) 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;