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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 6,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than six months) of the lower court’s sentence against the Defendant is too unreasonable.
2. Determination as follows: (a) since the driving of alcohol is highly likely to cause harm to the life and body of others as well as himself; (b) the Defendant’s blood alcohol content at the time of the instant case reaches 0.150%; (c) the Defendant has seven criminal records of criminal punishment for the same crime; (d) one of them is a criminal record of suspended execution; and (e) the Defendant was sentenced to two years of suspended execution for six months at the Suwon District Court on January 9, 2013 and was sentenced to two years of suspended execution and the judgment was finalized on January 17, 2013; and (e) the Defendant committed the instant crime again during the suspended execution period without being aware of it; and (e) the Defendant committed the instant crime during the suspended execution period.
However, in full view of the circumstances that led to the instant crime, such as the Defendant’s confession of the instant crime and the violation of his mistake, the distance of drunk driving is relatively long, the Defendant’s sales of the vehicle to this end, the Defendant’s family members and children are obliged to support, and the Defendant’s family members and children wish to guide, the Defendant’s economic situation is not good, and the Defendant’s personal rehabilitation is not adequate, and the Defendant is detained for a long time, and the Defendant appears to have a big difficulty in living. If the sentence on the instant case is finalized, the previous suspended sentence becomes void, the previous suspended sentence would have been expected to have been given an opportunity to know about the punishment through detention for more than five months, and other circumstances that led to the instant crime, including the circumstances and motive leading up to the instant crime, the Defendant’s age, age, character, personality, conduct, family relationship, occupation, and arguments, etc., the lower court’s sentence is somewhat a sentence imposed on the Defendant.