The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (two years of suspended sentence for six months of imprisonment, and eight hours of community service order) of the court below 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 thus 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 by 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 that are favorable to the defendant, such as the confession and reflect of the defendant, the fact that the defendant has no other penalty power except the above fine records, and the defendant does not repeat again, etc., and 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, the sentence imposed by the court below is deemed unfair, since it is judged that the above argument by 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) 1 and 44 (1) of the Road Traffic Act that 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.