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.

1. The decision of the court below on the summary of the grounds for appeal (4 million won of a fine) is too unreasonable.

2. The judgment of the driving under the influence of alcohol is an offense that may cause damage not only to an individual, but also to a third person's life and property, and requires strict punishment by reflecting the purpose of the revision of the Road Traffic Act, etc. In the past, the fact that the defendant has been punished two times as a fine for a violation of the Road Traffic Act in the past is disadvantageous to the defendant.

However, in full view of all the circumstances favorable to the defendant, such as the confession and reflect nature of the defendant, the criminal records of the same kind of punishment of the defendant are all prior to 2007, and the defendant does not repeat again, and considering the circumstances that are favorable to the defendant, the character, conduct and environment of the defendant, the background and result of the crime of this case, and other circumstances that are conditions for sentencing as shown in the records and arguments, since the sentence imposed by the court below is somewhat unreasonable, the above argument of the defendant is reasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted 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;

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

3. Article 334 (1) of the Criminal Procedure Act.