The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.

2. In full view of the circumstances unfavorable to the defendant, including the fact that the defendant's mistake is recognized, while the defendant has been subject to punishment several times due to the crime of drinking driving, especially the fact that the defendant committed the crime of this case again in the middle of February, since he was sentenced to punishment due to the non-license driving or the crime of drinking driving, and the fact that the driver's license was revoked in 2009 and there is no fact that he had obtained the license, etc., the defendant's age, sex behavior, environment, motive for the crime, and the circumstances after the crime, etc., the punishment imposed by the court below is deemed to be unfair because it is somewhat unaffortable.

Therefore, the prosecutor's above assertion is justified.

3. In conclusion, the prosecutor'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 it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

1. The punishment as set forth in the order shall be determined by taking into account the various circumstances examined in the determination of the grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to the detention in the workhouses.