The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of KRW 10 million) imposed by the lower court is too unreasonable.

2. The facts that the defendant had been punished twice in 2001 and 2007 due to drinking driving are 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 19 years have elapsed from the time of the crime of drinking driving to the time of the crime of this case). The distance of driving at the time of the crime of this case is relatively short and does not cause any accident, and the defendant is going to not drive a drinking again, such as receiving special traffic safety education (related to drinking driving) supervised by the Road Traffic Authority, and the fact that the defendant shows an attitude against the defendant when recognizing the crime of this case.

Examining the aforementioned conditions of sentencing in the records and arguments of this case, such as equity with the sentencing of similar cases similar to the defendant's circumstances, and the age, character and conduct, environment, health conditions, the circumstances of the crime, the circumstances after the crime, etc., the sentence of the court below is deemed unfair because it is 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 the

Application of Statutes

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The order of provisional payment;