The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (4 million won of a fine) is too unreasonable.

2. At the time of the instant crime, the Defendant’s blood alcohol content is considerably high, and the Defendant’s records of having been punished for the same kind of crime are disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant made a confession of the instant crime while committing the instant crime; (b) the Defendant received a request from the driver of another parked vehicle to move the instant vehicle for the purpose of leaving the vehicle; (c) there are circumstances to consider the instant crime; (d) the place where the Defendant driven is located in the parking lot set up in the “c” space that has been shut down in the form of the building and the building; and (e) the distance of movement is not long; and (e) other circumstances, such as the Defendant’s age, character, character, environment, motive or circumstance of the instant crime, means and consequence, etc., on which the sentence imposed by the lower court is somewhat unreasonable.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the original judgment, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;