The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 20,000,000.

The above fine shall not be paid by the defendant.

The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, 80 hours of community service order, and 40 hours of lecture order for compliance driving) of the lower court is too unreasonable.

2. The judgment of the defendant is disadvantageous to the fact that he/she once drives alcohol although he/she had a record of being punished for driving alcohol.

However, in full view of the fact that the defendant recognized the crime and commits a mistake, the fact that the defendant disposes of the vehicle and did not repeat the crime, the previous conviction due to the driving of the above drinking is 2013 and there is a considerable interval between the case and the case in this case, and there is no other previous conviction thereafter, the defendant's age, sex, occupation, home environment, motive for the crime, circumstances after the crime, blood alcohol concentration, driving distance, etc., the court below's punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is to be determined as ordered by comprehensively taking account of various sentencing factors as to the grounds for appeal on the grounds for sentencing of Article 334(1) of the Criminal Procedure Act.