The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months) is too unreasonable.

2. The judgment of the defendant has the record of being punished twice for the same crime, and in particular, on August 31, 2017, the criminal facts that caused a traffic accident while driving under influence, and that he/she sustained bodily injury, thereby leading to the instant crime again for about one year even though he/she was sentenced to suspended sentence, is disadvantageous to the defendant.

However, in light of the following: (a) the Defendant was at the time of committing the instant crime and was living under detention for about five months; (b) the blood alcohol content of the instant case is relatively low and the distance of drunk driving is about 20 meters; (c) when a sentence is finalized upon sentence in the instant case, the Defendant’s sentence of imprisonment for eight months, which was invalidated and suspended due to the invalidation of the previous suspended sentence; (d) the instant vehicle was scrapped; and (e) the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and all other sentencing conditions, including the following circumstances, the sentence of the lower court is deemed unreasonable.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

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

Application of Statutes

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act prior to the sentencing of Article 334(1) of the Provisional Payment Order shall be determined as ordered by considering the various circumstances.