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 lower court’s sentence (two years of suspended sentence for six months of imprisonment, and forty hours of community service order) on the summary of the grounds of appeal is too unreasonable.

2. Considering the fact that the Defendant again committed the instant drinking crime even though he/she had a previous record of a fine for driving drinking twice, and the driving of drinking is a crime that may cause a significant harm to an unspecified person and is highly dangerous in society, strict punishment against the Defendant is necessary.

However, the first of the two preceding years is the history of light in 2006, the ten-year period, and the second is the recent history of light in 2016, but the driving distance was about five meters, and the defendant would not drive drinking again by receiving hospital treatment to correct the wrong drinking habits.

In full view of the following facts: (a) the Defendant did not have any specific criminal history other than the above two-time criminal records; and (b) the Defendant’s age, occupation relationship, sex and environment, motive, means and consequence of the crime; and (c) various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with 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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in 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 and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 70 and 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;