The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The judgment driving is a highly dangerous criminal act that may cause serious damage to society, and there is a need to strictly punish such criminal act, and the fact that the defendant was sentenced to a suspended sentence due to an injury and did not engage in the instant crime during the suspended sentence, and that the defendant committed the instant crime is disadvantageous to the defendant.

However, in full view of the following: (a) the Defendant committed the instant crime, which has been divided into a true criminal act and did not repeat again; (b) there is no criminal conviction for the Defendant; (c) the Defendant’s parents and other family members are leading the Defendant; and (d) the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (c) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence, it is desirable to give the Defendant an opportunity to improve his wrong character and behavior last once again.

Recognized.

Therefore, since the punishment sentenced by the court below against the defendant is considered to be unfair and unfair, the defendant's argument of 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, and the judgment below is ruled again as follows.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. The crimes provided for in Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (influence of alcohol).