The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of KRW 10 million) imposed by the lower court is too unreasonable.

2. The facts that the defendant had a record of punishment once 2009 due to drinking driving are disadvantageous to the defendant.

On the other hand, there is no previous conviction for a period exceeding 10 years from the time of the crime of this case from the time of the crime of this case to the time of the crime of this case, the vehicle operated by the defendant in the course of the crime of this case is Oralo, and the blood alcohol concentration level is relatively high, and there is no accident, and the defendant seems to have an attitude against the defendant while recognizing the crime of this case.

Examining the aforementioned conditions of sentencing in the records and arguments of this case, such as equity with the sentencing of similar cases similar to the defendant's circumstances, and the age, character and conduct, environment, health conditions, the circumstances of the crime, the circumstances after the crime, etc., the sentence of the court below is deemed unfair because it is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

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

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the

Application of Statutes

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of five million won to ten million won;

2. Determination of the Defendant’s assertion of unfair sentencing prior to the determination of sentence.