The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The sentence of the lower court against the Defendant on the summary of the grounds of appeal (the penalty amounting to KRW 5,000,000) is too unreasonable.

2. The instant crime was under the influence of alcohol while the Defendant was driving the Oral Ba, which was not covered by mandatory insurance.

In light of the content of the crime, the responsibility for the crime is grave, and the circumstances unfavorable to the defendant are recognized.

However, in light of the fact that the defendant led to the confession of the crime of this case and reflects the defendant's mistake in depth, that the defendant lives as a basic recipient of daily life without good health condition due to the hearing impairment 2 level, that the defendant has no record of crime exceeding the fine since around 2000, and that the defendant has no record of crime other than the defendant's age, sexual behavior, environment, etc., which are the conditions for sentencing specified in the argument of this case, the sentence of the court below against the defendant is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act concerning facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act, and selection of fines, respectively;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes by concurrent crimes with punishment prescribed for a violation of Road Traffic Act, of which punishment is heavier,];

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;