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 decision of the court below (five million won of a fine) is too unreasonable in light of the gist of the grounds for appeal.

2. At the time of driving, the Defendant’s blood alcohol content reaches 0.221% at the time of driving is a factor that is disadvantageous to the Defendant.

However, in full view of the factors of sentencing favorable to the defendant and other various factors of sentencing indicated in the records of this case, such as the fact that the defendant recognized the crime of this case, the defendant's punishment was imposed only once due to the violation of the Road Traffic Act (unlicensed Driving), there was no record of being punished or punished as a drunk driving, and the distance of the defendant's driving is not visible. The sentencing of the court below against the defendant is unreasonable.

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 facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited 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) 1 and 44 (1) of the Road Traffic Act that choose the penalty for the crime;

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;