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 summary of the grounds for appeal (e.g., a fine of KRW 7 million) of the lower court is too unhued and unreasonable.

2. The judgment of drinking driving is a crime threatening to the life or body of himself/herself and others, and it is necessary to take into account social risks and harm.

Even though the defendant had been punished for the same crime of drunk driving, the defendant committed the crime of drunk driving in this case, and the defendant's blood alcohol concentration level is not lower.

In particular, the Defendant committed the instant crime without being aware of it during the period of suspension of execution due to fraud.

In addition, considering the various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is unreasonable.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled

[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 of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order shall be determined by comprehensively taking account of the various sentencing grounds in determining the above grounds for appeal.