The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. The crime of this case is a favorable condition that the defendant driven a motor vehicle while under the influence of alcohol of 0.136% of alcohol level, and the quality of the crime cannot be deemed to be less than that of the defendant. However, the defendant's mistake is recognized, the driving distance is less than 50 meters, and there are other circumstances that may be considered in the circumstances of the crime of this case. In full view of the circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, and environment, the court below's punishment is deemed to be unfair. Thus, 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 evidence admitted 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. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for reversal);

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