The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of 1.5 million won) of the lower court against the Defendant is too unreasonable.

2. In full view of the fact that the Defendant was sentenced one time to a fine for the same kind of crime, even though it is recognized that the Defendant had a criminal record, the sentence imposed by the lower court is too unreasonable, considering the following circumstances: (a) the Defendant’s mistake is against the Defendant; (b) the blood alcohol content at the time of the commission of the crime was not high by 0.052%; (c) there is a dependent and economic difficulty; and (d) other circumstances that are conditions for sentencing, such as the Defendant’s age

3. As such, 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 defendant's appeal is again ruled

[Discied Judgment] The summary of facts constituting an offense and evidence presented by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant law concerning facts constituting an offense and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act which choose a penalty;

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