The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 20,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) imposed by the lower court is too unreasonable.

2. Although the Defendant had been punished for driving under the influence of alcohol, there were unfavorable circumstances, such as the fact that the Defendant committed the instant crime even though he had the record of punishment for driving under the influence of alcohol, it appears that the Defendant committed the instant crime while recognizing the entirety of the instant crime, showing the attitude that the Defendant repented in depth, and there are some circumstances that may be taken into account the driving circumstances without driving distance, and the driving under the influence of alcohol does not lead to traffic accidents, and the driving under the influence of alcohol is relatively low to 0.047%, and other various sentencing conditions shown in the instant records and arguments, such as the Defendant’s age, character and behavior, environment, health conditions, the circumstances after the commission of the instant crime, etc., the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

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

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court are identical to the facts constituting the offense and summary of the evidence, and thus, the summary of the evidence is identical to the facts in each corresponding column of the judgment of the court below.

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

1. Prior to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by taking into consideration the various circumstances described in the Defendant’s argument of unfair sentencing prior to the sentencing.