The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal that the court below rendered on the defendant (five million won of a fine) is too unreasonable.

2. The judgment of the court below requires a strict punishment by committing the instant crime even though the same criminal records are several times. However, the court below's punishment is somewhat unreasonable in full view of various circumstances, including the defendant's age, environment, character and conduct, motive of the crime, and circumstances before and after the crime, etc., which are conditions for sentencing as shown in the instant records and arguments, are taken into account. The defendant's punishment is somewhat unreasonable, considering the following circumstances: (a) there is no criminal records of the same kind or fine for the recent five years; (b) there is no criminal records of the same kind or criminal records heavier than fines; (c) the defendant was discovered due to drunk driving; and (d) his blood alcohol concentration was reduced to 0.051%; and (c) the defendant is considered as a basic living recipient of the daily life plan.

3. In conclusion, the judgment of the court below is reversed pursuant to 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 that of each 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 Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Determination of the Defendant’s assertion of unfair sentencing prior to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act is based on the same reasoning as the Defendant’s statement of determination of unfair sentencing.