The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unreasonable.

2. The Defendant, while under the influence of alcohol 0.082% in blood, driven a alcohol while under the influence of alcohol. The offense of driving alcohol is an offense that may harm the lives, bodies, and property of citizens using a road and requires strict punishment, and two times the records of punishment of fines due to a violation of the Road Traffic Act in 2012 and 2016, which led to the offense of this case again.

On the other hand, the defendant recognized the crime of this case and opposed to it.

There is no record that the defendant has been punished in excess of a fine.

In order to move a vehicle while waiting to drive a substitute driver, the defendant has driven a 30-meter alcoholic beverage to move the vehicle, and there are circumstances to be considered, such as the background leading to the crime, driving distance, and the amount of alcohol concentration in the blood at the time, relatively low.

There are three children who should support the defendant by distinguishing from her husband and neglecting her husband.

In full view of the above circumstances favorable to the defendant and other factors of sentencing, such as the defendant's age, sex, occupation and environment, motive and background of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is 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.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in 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. Relevant Article of the Act and Articles 148-2(1)1 and 44(1) of the Road Traffic Act (the point of drinking and the fine for driving under influence of alcohol) concerning facts constituting an offense;