The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (4 million won of a fine) is too unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, where the defendant drives a motor vehicle in the state of alcohol 0.175% of blood alcohol concentration, and the case is not easy, and driving under the influence of alcohol is an offense that may cause damage not only to individuals but also to life and property of any other large person, and the purpose of the revision of the Road Traffic Act, etc. needs to be strictly punished.

However, in full view of all the circumstances that are favorable to the defendant, such as the confession and reflect of the defendant, the defendant did not have any same criminal record, and there was no particular penalty after around 199, and the defendant was a general recipient under the National Basic Living Security Act, and the economic situation is not good, etc., such as the circumstances favorable to the defendant, the character, conduct and environment of the defendant, the background and result of the crime in this case, and the circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments, the punishment imposed by the court below is somewhat unreasonable, and therefore, the above argument by the

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided 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) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

2. Discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act ( considered for favorable circumstances among the reasons for reversal);

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

4. Article 334 (1) of the Criminal Procedure Act.