The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. The judgment that the defendant repents and reflects his mistake, that the defendant has no record of punishment for driving under the influence of alcohol, and that the defendant agreed with the thief victim smoothly is favorable to the defendant.

On the other hand, the defendant's theft of the victim's ozone layer, driving an ozone brea while under the influence of alcohol, and causing a traffic accident that causes physical damage while driving, and thus the crime is not good, and the defendant's blood alcohol concentration level is high at the time of the case.

It appears that there was a history of punishment for larceny crimes several times, and that each of the crimes of this case was committed without being aware of the probation period due to the crime of larceny, etc., is disadvantageous to the defendant.

In addition, when considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, the lower court’s punishment is somewhat unobcied and deemed unfair.

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 in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

【Re-written part of the judgment below] Criminal facts and summary of the evidence recognized by the court and summary of the facts constituting the crime and summary of the evidence are identical to each of the corresponding columns of the judgment below. Thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act (a point of Section 1), Article 148-2 Subparag. 1, Article 44(1) of the Road Traffic Act (a point of drinking), and the choice of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.