The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

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 (7 million won of a fine) is too unreasonable.

2. The Defendant is driving with a blood alcohol concentration of 0.172% high in a blood alcohol deposit.

Although the contact accident occurred, considering the fact that the driving distance is extremely short of five meters and the driving speed is not high, the degree of traffic accident and injury of the victim is relatively minor, the victim agreed with the insurance company because the vehicle of the defendant was covered by the automobile comprehensive insurance, and the victim was in the first instance, and the victim submitted the written application for the carbon that the victim was taking the front of the defendant's wife, the defendant did not have any history of punishment in relation to drinking driving, and all other circumstances such as the defendant's age, character, conduct and environment, the sentence of the court below is too unreasonable.

The defendant's assertion of unfair sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The main text of the judgment of the court below is as follows.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;