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 of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The Defendant committed the instant crime during the period of suspended execution due to the instant crime.

The blood alcohol concentration is 0.182% higher, and the accused has the same criminal record.

This is disadvantageous to the defendant.

However, the defendant recognized the crime of this case and is against the law.

The defendant's movement to the telecom by demanding the driver's proxy in the state of drinking, but the remaining guest room was driven by another telecom near the other telecom, and there are some circumstances to consider the situation, and the driving distance is shorter than 40 meters.

This is the circumstances favorable to the defendant.

In full view of such circumstances as the defendant's age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime in this case and the arguments, the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. On the grounds stated in the judgment on the unfair argument of sentencing prior to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as set forth in the Disposition shall be determined.