The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

2. The fact that the judgment defendant has been punished several times due to the same kind of crime is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognizes his wrong and reflects the defendant's wrong, the driving distance is relatively short, the defendant's blood alcohol concentration is relatively high, there is no penalty history exceeding the fine, the defendant is in the position to support his/her family including his/her spouse who is not good health due to surgery after the surgery and legacy, and the fact that the social relationship between the defendant and his/her family seems obvious are favorable to the defendant.

Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sexual conduct, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, the lower court’s sentence is somewhat unreasonable.

Therefore, the defendant's above assertion is justified.

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.

[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 judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is to be determined as ordered by taking into account the various circumstances as examined in the judgment of the above Article 334(2) of the Criminal Procedure Act.