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The defendant's appeal is dismissed.
Reasons
1. The sentence of the original court (six months of imprisonment) shall be too vague and unfair.
2. We recognize the following circumstances: (a) the Defendant recognized the instant crime and reflects his mistake; (b) the distance of the Defendant driven by the instant crime is 10 meters and is relatively short, and blood alcohol level is not high as 0.054%; and (c) the Defendant, who was sentenced to imprisonment in this case and the judgment became final and conclusive, will be subject to the enforcement of the suspended sentence for six months as well as the imprisonment for which the enforcement is suspended due to the invalidation of the suspended sentence.
However, if the defendant had already been sentenced to a fine of one million won for a violation of the Road Traffic Act at the Jeonju District Court on July 10, 1993, a fine of one million won for the same crime at the Southern Branch of Seoul District Court on January 16, 1998, a fine of one million won for the same crime at the Suwon District Court on October 29, and a fine of one million won at the Incheon District Court on November 13, 2003, and a fine of one hundred thousand won for a violation of the Road Traffic Act at the Suwon District Court on November 16, 2005 and one million won for the same crime at the Suwon District Court on November 16, 2005, and at the same court on March 27, 2008, the court below sentenced a fine of two million won for a violation of the Road Traffic Act at the same time as a fine of one million won for the same crime (one million won for a violation of the Road Traffic Act on March 27, 2009).