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 decision of the court below on the gist of the grounds of appeal (the imprisonment of six months, the suspension of the execution of two years, the community service order 40 hours, the order to attend a law enforcement lecture 40 hours) is too unreasonable.

2. The judgment of the Defendant committed the instant crime of the same kind in spite of the fact that the Defendant had been punished twice due to the crime of drinking (two times a punishment). The Defendant’s blood alcohol concentration in the blood at the time of the instant case is relatively high is considered to be disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized the crime of this case and is against the law, the distance of the defendant's driving does not exceed 50 meters, and the defendant had the record of punishment for the same kind of crime, as seen earlier, but one of them has been relatively old and has been less than 9 years since the date of the crime of this case, and the fact that the defendant supports the parents of old age and the wife and children who are not good in health status, etc. are favorable to the defendant.

When comprehensively considering the above circumstances as well as the overall sentencing conditions of Article 51 of the Criminal Act as shown in the records and arguments of this case, the sentence imposed by the court below against the defendant is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing as set forth in Article 334(2) of the Criminal Procedure Act shall be determined as ordered in consideration of the various circumstances.