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) shall be excessively unreasonable.

2. The judgment of the Defendant committed the instant crime without being able to do so, even though the Defendant had been punished more than three times in total due to the same crime, such as one suspended sentence and two fines, once again during the suspended execution period, and the blood alcohol content was higher than 0.090% at the time of the crime, and the fact that the vehicle accident occurred due to the drunk driving and the responsibility for such crime was significant is disadvantageous to the Defendant.

On the other hand, the fact that the defendant confessions the crime of this case and reflects the depth of the crime, disposes of the owned vehicle, and did not repeat the crime, and that the defendant seems to have been detained for more than two months in this case, and that the marriage ceremony with the Matrimonial woman is scheduled after about one month from the date of the decision of this case, and the fact that the current Matrimonial relationship is clear due to the fact that the Matrimonial relationship has been serving in the insurance company for two years, and the family members and the persons wish to have the place of the defendant's preference, etc., are considered to be favorable to the defendant. Therefore, if we consider the above circumstances and all other conditions of sentencing as stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, it is judged that the punishment imposed by the

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 it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column 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, Article 44 (1) (a point of sound driving) and Article 152 of the Road Traffic Act applicable to the crime;