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 sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The circumstances unfavorable to the defendant are as follows.

On October 17, 2018, the Defendant committed the instant crime without being aware of the fact that he/she was sentenced to imprisonment for 8 months or for 2 years of suspended execution due to the violation of the Road Traffic Act in the Chungcheong District Court Support on October 17, 2018. In addition, the Defendant’s blood alcohol concentration at the time of the instant case is 0.122% and its numerical value is relatively high.

The conditions favorable to the defendant shall be as follows:

In addition to the punishment power due to the violation of the Road Traffic Act(LA), the remaining criminal records of the defendant are all prior to 2002. However, the defendant should be able to support whether the defendant has committed a crime of this case, making a confession of all of the crimes of this case, and suffers from a disease of pulmonary disease.

The distance of drinking driving is also only 500.

The main figures around the defendant want to be the defendant's wife.

In addition, considering the overall sentencing factors indicated in the records of the instant case, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, the lower court’s punishment against the Defendant is deemed to be too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); Article 152 of the Road Traffic Act concerning criminal facts.