The judgment of the court below is reversed.

Defendant shall be punished by a fine of 14,000,000 (one million won per day).

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal: Unfair sentencing

2. In full view of the following facts: (a) the Defendant had no power other than that subject to punishment once (1.5 million won as a fine) for drunk driving prior to the past ten years; (b) the driving distance is shorter; (c) the Defendant’s age, occupation, career, family relationship, and other circumstances after the commission of the crime; and (d) various sentencing factors indicated in the instant arguments and records, such as the Defendant’s age, occupation, career, family relationship, etc., the sentence of the lower court that sentenced two years of suspended sentence for one year, is somewhat unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are all the same as that of each corresponding column of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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

1. Taking into account the fact that the sentencing ground of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order has been driven at least twice, the changes in the social perception of drinking alcohol and drinking driving, and accordingly the penal provisions have been significantly strengthened since June 25, 2019, the Defendant shall be sentenced to a fine of KRW 14 million.