The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 20,000,000.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. Determination is that the blood alcohol concentration of the instant case (0.120%) is high, and the Defendant is disadvantageous to the Defendant, during the suspension period due to the instant crime, while driving the instant drinking alcohol during the suspension period.

On the other hand, the fact that the defendant recognized the crime of this case, while the defendant was sentenced to a fine due to drunk driving, the blood alcohol concentration (0.059%) at the time was relatively lower than 7 years, and the driving distance (100 meters) did not vary from the crime of this case is favorable.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the commission of the crime, and other various sentencing conditions shown in the pleadings, such as the Defendant’s age, character and conduct, environment, sentencing cases of similar cases, and equity in punishment, the lower court’s punishment is deemed unreasonable, and thus, the Defendant’s assertion is reasonable.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled after pleading.

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 of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The punishment of the accused shall be determined, taking into consideration the circumstances examined in the pertinent Article of the Act on Criminal Crimes, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the grounds for sentencing the choice of fines, and paragraph (2) of the same Article;