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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.
Reasons
1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.
2. On June 21, 2016, the defendant was sentenced to a two-time fine due to drinking driving, a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and a non-licensed driving, etc., and was sentenced to a one-time suspended sentence due to drinking or non-licensed driving, and the defendant was sentenced to a two-year suspended sentence on June 21, 201 by the Changwon District Court and was sentenced to a two-year suspended sentence on the one-time basis, and was sentenced to a six-month suspended sentence, and
However, in light of the fact that the defendant recognized the crime and reflects, that the defendant returned home after the previous drinking, that the alcohol concentration level at the time was not higher than 0.062%, that the defendant scrapped the vehicle driven by the defendant, that the defendant must support the minor child (six years), that the defendant was detained for less than five months, that the suspension of execution should be invalidated, and that the defendant's age, environment, sex, criminal conduct, circumstances before and after the crime and circumstances before and after the crime, etc., it is judged that the punishment imposed by the court below is unfair because it is too harsh in light of the contents of the crime in this case and the circumstances of the defendant's home, etc., and other various circumstances that are the conditions of the punishment specified in the records and arguments in this case, such as the defendant's age, environment, sex, circumstances before and after the crime, etc.
3. The decision 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 judgment below is ruled again as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;