The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The punishment of the lower court (fine 14 million won) is too unreasonable.

2. The judgment of the defendant is an unfavorable condition to the defendant, such as the fact that he/she once drives alcohol despite his/her history of punishment for drinking alcohol, and that he/she had a high blood alcohol level at the time of detection.

However, in full view of all the sentencing conditions of this case including the defendant's age, character and behavior, family environment, motive for the crime, circumstances after the crime, etc., such as the fact that the defendant recognized the crime and made a mistake against the defendant, the distance of operation is not less than 20 meters, there is no criminal conviction exceeding the fine, the previous conviction in 201, the previous conviction in 201, the fact that there is a considerable interval of time between the case and the case in this case, and the fact that there is a family member to support the crime, the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[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. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. In determining the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by comprehensively taking account of the various sentencing grounds for the above grounds for appeal.