The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. On July 11, 2014, the Defendant had a record of criminal punishment on several occasions, including suspended sentence due to drinking driving, and was sentenced to a suspended sentence for six months of imprisonment due to drinking driving, etc., and committed the instant crime even during the suspended sentence period.

In light of the criminal records of the defendant, the necessity to punish the defendant strictly is recognized.

However, the defendant recognized the error of the crime of this case, is in depth against it, and it does not repeat again.

When a sentence is finalized due to the crime of this case, the sentence of this case should be imposed together to the punishment for which suspended sentence has been invalidated and suspended, which seems to be too harsh for the defendant, and there is also a need for continuous medical treatment because the defendant suffers from the current burner disease.

The sentence of the court below is too unreasonable in light of the defendant's opportunity to sufficiently reflect the defendant's life in custody for about 2 months and all the sentencing conditions shown in the records and arguments, such as the defendant's age, character and conduct, environment, family relationship, etc.

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.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act concerning the facts constituting a crime (a point of driving sound);

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;