The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of 4 million won, a suspended execution of one year, and an order to attend a course) of the lower court is too uneasible and unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime; (b) the Defendant’s distance of drinking driving is short; and (c) the Defendant is a primary offender who has no record of criminal punishment.

However, in full view of the circumstances unfavorable to the Defendant, including the fact that the Defendant’s blood alcohol content is high at the time of the instant crime, and the drinking driving is a very dangerous crime that may cause unexpected behaviors to the life and home of others as well as his own, and there is a great need to strictly punish him, and prevent him from committing such crime in a responsibilities, and other circumstances such as the motive, background, means and method of the instant crime, the circumstances before and after the instant crime, and the Defendant’s age, character, career, and environment as shown in the instant pleadings, the lower court’s punishment is deemed to be unfair as it is too uneasible.

Therefore, the prosecutor's argument of unfair sentencing is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are all the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334 of the Criminal Procedure Act prior to the reasons for sentencing is determined as ordered by taking account of the various circumstances.