The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unreasonable as the sentence (3 million won in penalty) imposed by the lower court is too unreasonable.

2. The judgment of this case is that the defendant's driving of Otobane while under the influence of 0.102% alcohol level in blood is not less than that of this case.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant was the first offender, the fact of the crime is recognized, the fact of the crime is divided, the driving of 125cc c obb in the vicinity of his residence is about 100 meters, and the driving distance is limited to about 10 meters, and the circumstances of the crime in this case, including the background of the crime in this case, the age of the defendant, sexual behavior and environment, and other various sentencing conditions specified in the records and arguments, the sentence of the court below is recognized

The above assertion by the defendant is with merit.

3. The judgment 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 reversed and the case is remanded to the court below as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in 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 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

1. In full view of the various sentencing conditions as seen in the judgment on the grounds of appeal prior to the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors.