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 grounds for appeal (e.g., imprisonment) by the lower court (e., six months) is too unreasonable.

2. In light of various sentencing conditions in the instant records and arguments, such as the fact that the Defendant had been punished twice or more due to drinking driving, the repeated driving of the instant case during the period of suspension of execution due to the violation of the Road Traffic Act (non-licensed driving), the Defendant’s blood alcohol concentration is relatively high to 0.120%, but the Defendant appears to have committed the instant crime, the Defendant appears to have an attitude to recognize and reflect it, the fact that there is a circumstance to consider the Defendant’s driving circumstances, the driving distance is less than 5 meters, and the driving distance is less than 5 meters, the lower court’s punishment 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.

[C] The summary of the facts constituting an offense and evidence recognized by the court below in light of the substance of the facts constituting an offense and evidence is cited in accordance with Article 369 of the Criminal Procedure Act, except where the second person’s “ September 21, 2017” is deemed to be “ September 13, 2017.” under Article 1 of the judgment of the court below, and thus, it is identical to each corresponding column of the court below’s judgment.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Articles 70 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;