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 decision of the court below on the summary of the grounds of appeal (the fine of KRW 4,00,000) is too unreasonable.

2. In full view of all the circumstances, such as the Defendant’s age, character, environment, family relationship, motive, means and consequence of the crime, etc., the sentence of the lower court is somewhat unreasonable, considering the following as a whole: (a) the Defendant was sentenced to a fine due to a drunk driving; (b) the Defendant was at the time of driving; (c) the Defendant committed the instant crime, which is disadvantageous to the Defendant; (d) the Defendant recognized the Defendant as committing the instant crime; (e) the vehicle driven by the Defendant was shocking the tin at the entrance of the entrance; (e) the distance of the Defendant was short; (e) the Defendant was suffering from mixed uneasiness and depression disorder; and (e) the Defendant suffered from the Defendant’s basic life recipient; and (e) the Defendant was required to support the children with physical disability 3.

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 decision is rendered after pleading

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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) 1 and 44 (1) of the Road Traffic Act that choose the penalty for the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;