The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The defendant does not pay the above fine.

1. The punishment of a fine of KRW 4 million sentenced by the original judgment on the summary of the grounds for appeal is too unreasonable.

2. In light of the fact that the defendant, even though he was sentenced to a fine due to drinking driving in around 2008, drives a motor vehicle in the state of re-driving that is not less than 0.111% of the blood alcohol level of the vehicle, it is clear that the defendant needs to be sentenced to a severe punishment.

However, considering the fact that the defendant is taking the attitude of recognizing and reflecting the error in the trial, the distance of the defendant's driving is only one meter, the defendant has no other criminal power except for the above previous criminal records, and other circumstances such as the defendant's age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, the punishment sentenced by the court below is too heavy.

3. In conclusion, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the following decision is rendered after pleading

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of the corresponding part 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 on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;