The judgment of the court below is reversed.

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

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 (five million won of a fine) is too unreasonable.

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant, such as the fact that he/she again committed the instant crime even though he/she had been punished several times for the same crime, and that the blood alcohol concentration level is considerably high by 0.192%.

However, considering the fact that the defendant had an attitude against the defendant recognizing the crime of this case, the defendant committed the crime of this case by driving the apartment directly to the apartment parking lot after the entrance of the apartment through a substitute driving technician, there are some circumstances to consider the circumstance. Considering the fact that the defendant was disabled at Grade 4 of the disability and that economic situation is difficult due to a person eligible for basic living benefits, the defendant's age, character and behavior, environment, method of crime, circumstances after the crime, etc., the sentence imposed by the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

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 the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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