The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The punishment of the court below against the defendant (the fine of 4 million won) is too unreasonable.

Judgment

In that the Defendant’s blood alcohol content at the time of committing the instant crime was 0.176% or more, the punishment imposed by the lower court is somewhat unreasonable in full view of the following: (a) the Defendant had no record of having been punished before; (b) the Defendant has divided his or her mistake into depth; (c) the Defendant appears to have committed the instant crime in extremely uneasible psychological state due to other litigation cases; and (d) the Defendant’s age, character and behavior, environment, circumstances after committing the instant crime, and all the sentencing conditions indicated in the instant records and arguments, including the circumstances after committing the instant crime.

Thus, 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 reasonable, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.