The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The Defendant had been punished for a fine on several occasions due to drinking and unlicensed driving, and committed the instant crime again during the period of suspension of the execution.

Blood alcohol concentration was considerably high by 0.170%.

However, the defendant divided the crime in depth, disposes of the vehicle, and again does not drive the vehicle without a drinking or without a license, and the distance of driving at the time of the crime is about 50 meters and does not cause a traffic accident.

The defendant has been engaged in textile-related business for not less than 20 years, and even more than 20 employees are operating H stock company.

The defendant supports the family in good faith, such as old-age who is not healthy due to brain color, etc., and the family and employees want to grow up with the defendant's preference.

In addition, considering the age, character and conduct, environment, motive and circumstance of the crime, circumstances before and after the crime, and all the sentencing conditions shown in the arguments, the punishment sentenced by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of an alternative fine for punishment;

1. The detention of a workhouse on May 1, 2014 under the former Criminal Act.