The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment defendant has already been punished for drinking driving four times, and even if, during the period of repeated crime, the defendant repeated the same during the period of repeated crime.

The alcohol concentration among the bloods at the time of the instant driving is 0.102% high.

However, in full view of the fact that the last punishment of the defendant due to drinking driving in the past was about 10 years, that the defendant had been punished in depth for the crime of this case, that there was an attitude of breaking his wrongness about the crime of this case, that is not good health conditions, such as the defendant's appeal of a depression, that is, the surrounding people are resisting the defendant's preference against the defendant, that the social relation is maintained even after the defendant was discharged from custody for a long time, and that the defendant's age, reputation, character and character, environment, and all the sentencing conditions of this case, including the circumstances after the crime of this case, are too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning 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;