The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The judgment has the record of being punished three times due to the same drinking driving, and in particular, the fact that the defendant might be subject to criticism during the suspension period of execution due to the same kind of crime is recognized as disadvantageous to the defendant.

On the other hand, however, the court below's sentence is somewhat unreasonable in full view of all the circumstances such as the fact that the defendant recognized a criminal offense and against his mistake that the defendant did not repeat the crime, the blood alcohol concentration is relatively low, the driving distance is short, the risk of drinking driving is not realized because the accident occurred due to the crime of this case, and the defendant seems to have lived in good faith without any criminal records other than criminal records. The defendant is detained for about 100 days in this case, and the defendant is detained for about 10 days in this case, and the seriousness of punishment following the repetition of drinking driving seems to have sufficiently impaired. The defendant supports his wife and his children as the highest, the defendant supports the defendant's age, character, environment, occupation, circumstance and contents leading to the crime of this case, circumstances after the crime, criminal records and family relations, etc.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with 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 summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 of the Road Traffic Act applicable to the relevant criminal facts and the choice of punishment;