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 summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment with prison labor for six months, one year of suspended sentence, and 80 hours of community service order) is too unreasonable.

2. The judgment has a record of being punished twice due to driving of alcohol (gold punishment) and the blood alcohol concentration at the time of committing the crime is very high.

On the other hand, the defendant is recognized to commit crimes and is against the law.

The distance driven at the time of crime was relatively short of 200 meters.

There is no criminal conviction in excess of a fine for the defendant, and the criminal defendant who was punished for driving under drinking is about nine years from the crime of this case in 2008.

The defendant is making efforts for self-support such as applying for the environmental U.S. source examination while working in G, and the defendant's main figures want to take the lead of the defendant.

In full view of such circumstances as well as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, the sentence of the lower court is too unreasonable, taking into account the various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the original judgment, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

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