The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of KRW 12 million) imposed by the lower court is too unreasonable.

2. In light of the records and arguments of this case including the fact that the defendant had been punished for drunk driving, but the defendant committed the crime of this case while recognizing all of the crimes of this case, the defendant showed the attitude that the defendant repented with the wrongness; the driving of this case does not lead to traffic accident; the defendant did not have any record of punishment exceeding the fine; the defendant did not have any record of punishment; and other circumstances that the defendant was negligent or unreasonable; and other conditions of sentencing specified in the records and arguments of this case, such as the defendant's age, character and behavior, environment, health condition, circumstances after the crime, and circumstances after the crime, it is deemed that the punishment imposed by the court below 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 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. 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.