The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. The sentence of the court below (the fine of KRW 4,00,000) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. It is acknowledged that the defendant's blood alcohol content high 0.158% of the judgment on the grounds of appeal is disadvantageous to the defendant. However, it is recognized that the defendant was guilty of the crime of this case when he reached the trial, and his depth is divided. The crime of this case is considered to have occurred when the defendant was driving to move the vehicle to another place in front of the restaurant and parked in the vehicle in front of the restaurant, and the driving distance is 10 meters. The driving distance is only 10 meters, the defendant has no record of punishment for the same crime, and other factors of sentencing specified in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the defendant's punishment is too excessive, and thus, the defendant's assertion of unfair sentencing is unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

Criminal facts

The summary of the facts and evidence admitted by the court is as follows. In addition to adding the "statement in the trial room of the defendant" to the summary of the evidence, it is identical to the statement in each corresponding column of the judgment of the court below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) 1 of the Road Traffic Act (Selection of Fine) concerning the selection of a punishment for the crime, and Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation (Consideration of fine in consideration of the preceding favorable circumstances);

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

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