The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Not only is the distance from which the defendant drives while drinking, but also the defendant drives a drinking again despite his past record of six times or criminal punishment due to driving of drinking.

However, the Defendant was driving after drinking alcohol at night in the previous night and driving alcohol for six hours, and the circumstances of the crime were considered. At the time, alcohol concentration in the Defendant’s blood was 0.055% and the degree of main alcohol was relatively minor.

The traffic accident occurred in this case is that C has changed from the first lane to the second lane, and the accident occurred in the course of returning again to the first lane, and the accident occurred due to drinking by the defendant.

It is also difficult to see it.

At present, the defendant is able to repent his wrong and live in good faith in the future, and will not repeat the crime.

It is harding to do so.

In addition, when comprehensively considering the following conditions, such as the Defendant’s age, sex, family relationship (support of pregnant wife and children), background of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is unreasonable.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. The reasons for the reversal of the sentence under Articles 70(1) and 69(2) of the Criminal Act with respect to the detention of the workhouses shall be determined by taking into account these circumstances into account.