The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (4 months of imprisonment).

2. The defendant's refusal to take a alcohol test is still under the period of suspension of execution, and the defendant again commits the crime of this case without being able to commit it, and there is an unfavorable circumstance to the defendant.

However, the defendant had no record of criminal punishment prior to the crime of this case, and the defendant committed a crime of this case against his mistake while making a confession. At the time of the crime of this case, the defendant driving a two-wheeled automobile in order to take the body of water after drinking together with his wife until the day immediately before the crime of this case was committed, and the remaining alcoholic beverages did not remain at the same time after drinking less than his appearance, and the crime of this case led to the crime of this case, and there is no way to consider the circumstances of the crime of this case and there is a relatively low drinking level. If the defendant must support the defendant, and if the sentence is sentenced to imprisonment with prison labor, the judgment of the suspended sentence of this case (two years of imprisonment and the suspended sentence) becomes null and void and the sentence is to be imposed together, it is unfair to review all other favorable circumstances, such as the defendant's age, character and behavior, and environment, and the sentencing conditions as shown in the records and arguments, it is too unreasonable to have sentenced by the court below.

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. Operation of vehicles which are not mandatory insurance under Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) and Article 8 of the Guarantee of Automobile Accident Compensation Act for criminal facts and the choice of punishment;