The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

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. The Defendant had a record of having been punished several times due to drinking driving, and committed the instant crime without being aware of it during the period of suspension of the execution for the crime of this species.

In addition, the defendant was punished for drinking driving more than twice even after being sentenced to the above suspended sentence, and even if he was sentenced to a fine for the crime of injury committed during the suspended sentence, the defendant committed the crime in this case again in a short period, and the liability for the crime in this case is heavy.

As the blood alcohol level of the instant case is high to 0.160% and the quality of the relevant crime is not good, it is recognized that the necessity to punish the Defendant solemnly.

However, the defendant's mistake in the crime of this case is divided in depth, and it is against himself, and the defendant does not repeat the crime while disposing of the vehicle.

There is no record of criminal punishment heavier than that of suspended execution for the same crime against the defendant.

When the sentence is finalized due to the crime of this case, the sentence of this case should be imposed together with the punishment that has been suspended due to the invalidation of the suspended sentence of this case. This seems to be too harsh to the defendant.

The defendant seems to have an opportunity to sufficiently reflect on the defendant's living in custody for about two months, and it is also recognized that he/she should support the husband with a visual disability 1.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence of the court below is too 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.

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.

The laws and regulations;