The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The judgment has a record of five times of punishment (four times of fine, one time of suspended execution) due to the same drinking driving, etc., and the defendant is highly likely to be subject to criticism during the suspended execution period due to the crime of this case, and the fact that the defendant was found to have committed the crime of this case while driving in a fluence, etc. is found to be disadvantageous to the defendant.

However, in light of the following circumstances: (a) the Defendant recognized the facts of the crime and thereby reflects his mistake; (b) the Defendant has no record of having been sentenced to imprisonment for the same kind of drinking driving; (c) the Defendant was detained for two months due to the instant crime and seems to have sufficiently impaired the seriousness of punishment due to the repetition of drinking driving; (d) the Defendant supports his wife and his children as the highest; and (e) the Defendant’s age, character, character, environment, occupation; (e) details and details leading to the instant crime; (e) circumstances leading to the instant crime; (g) family relationship; and (e) other circumstances that form the conditions for sentencing as indicated in the record, such as the punishment of the lower court is somewhat unreasonable.

Therefore, the defendant's argument is justified.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.