The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (two years of imprisonment for a term of six-month suspension, 40 hours of community service order, and 40 hours of lecture order) of the lower court is too unreasonable.

2. In light of the criminal records, such as a serious crime that may cause harm to the life and body of others as well as himself/herself, and a criminal defendant has a heavy criminal character in itself, and a criminal defendant has a history of having been punished five times or more due to a drunk driving, a criminal defendant who was making an accident while driving a drunk driving, and a criminal record, such as the escape from the police officer who was in receipt of a request for a measurement of alcohol level, and inflicted an injury on the police officer when she escaped, the criminal defendant appears to have a considerable lack of compliance consciousness in traffic-related

However, in light of the favorable circumstances, such as the Defendant’s recognition of the instant crime, and the Defendant’s blood alcohol concentration at the time of the instant crime, relatively lower than 0.061%, and driving after a considerable time to drink, and other favorable conditions, such as the Defendant’s age, character and behavior, environment, occupation, background of the instant crime, time interval between the same criminal records, and circumstances after the instant crime, etc., the sentence imposed by the lower court is unreasonable.

3. As such, the defendant'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 the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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