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

2. The defendant's records of punishment twice 2003 and 2006 due to drinking driving, and it seems that the defendant committed the crime of this case by being punished as the crime of drinking driving. Thus, the defendant's need to consider equity in the case of drinking driving as the crime of drinking driving is disadvantageous to the defendant.

However, there is no previous conviction in excess of a fine, or there is no previous conviction in the past five years (within 13 years or 16 years have passed since the crime of drinking driving was committed on the two occasions). The defendant disposing of a motor vehicle operated at the time of the crime of this case and again does not drive a motor vehicle again, and the defendant seems to have an attitude to reflect upon recognizing the crime of this case, which is favorable to the defendant.

Examining the aforementioned circumstances and other conditions of sentencing, such as the Defendant’s age, character and conduct, environment, health conditions, circumstances after the crime, and circumstances after the crime, etc., the sentence of the lower court is deemed to be too unreasonable.

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

3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again ruled as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the selection of fines, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.