The judgment of the court below is reversed.

Defendant shall be punished by a fine of 20 million won.

The above fine shall not be paid by the defendant.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In light of the fact that the defendant was punished for the violation of the Road Traffic Act due to the act of driving under the influence of alcohol such as this case, not only one year has passed since he was punished for the violation of the Road Traffic Act due to the act of driving under the influence of alcohol such as this case, but also the defendant committed the act of driving under the influence of alcohol without a license without a license, and caused the traffic accident again without being involved in the suspension period, and the blood alcohol concentration level is considerably high, and social consensus has been formed on the necessity of driving under the influence of alcohol, it is necessary to punish the defendant with severe punishment corresponding to his responsibility.

However, considering all other factors such as the Defendant’s age, character, environment, health conditions, motive, circumstance after the crime, etc., the lower court’s punishment is too unreasonable, in light of the following factors: (a) not only is it clear that the Defendant’s drinking driving force is limited one time, but also the social ties, such as provokings that it is difficult to drive; (b) but also is deemed that the Defendant’s serious harm or the risk of drinking driving through detention life remaining in three months when committing the instant crime; and (c) the victim of the traffic accident wishes to take the Defendant’s prior action; and (d) the Defendant’s age, character, character, environment, health conditions, motive, etc.

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

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning facts constituting the crime (the point of a sound driving) and Article 152 of the Road Traffic Act;