The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The judgment blood alcohol concentration is considerably high in 0.204%, and the defendant has been punished several times for the same crime, and the defendant is not aware of the fact that he was sentenced to the imprisonment for six months with prison labor for the same crime of drinking driving and was sentenced to the suspension of the execution of two years for the same crime of driving under the same kind, and is highly likely to be subject to criticism.

However, in full view of various circumstances, including the Defendant’s age, character and behavior, environment, background and method of the crime, circumstance after the crime, criminal record, family relation, etc., the Defendant’s sentence sentenced by the lower court is unreasonable, and is unreasonable, in view of the following: (a) the Defendant appeared to reflect the Defendant’s attitude to recognize the crime of this case; (b) the risk of traffic accidents caused by drinking driving has not been realized; (c) the Defendant’s life in custody for more than two months; and (d) the Defendant’s health is supporting a bad old-age.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. All the circumstances constituting the conditions for sentencing as shown in the argument of this case, including the following circumstances, are examined in the judgment on the grounds for appeal for sentencing under Article 334(1) of the Criminal Procedure Act.