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 summary of the grounds for appeal is unreasonable because the penalty of the original judgment (three million won of a fine) is too unreasonable.

2. The judgment of the court below seems to be somewhat heavy in full view of various sentencing factors in the instant case, including the Defendant’s age, character and conduct, occupation and environment, circumstances after the crime, etc., and the need to punish the Defendant in light of the risk of drunk driving, etc., even though it is recognized that the Defendant was at the time of committing the crime. The Defendant does not have any criminal power, and the distance of the Defendant’s driving is not about 50 meters, and the Defendant’s age, character and behavior, occupation and environment, circumstances after the crime, and results.

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 the facts charged and the summary of the evidence recognized 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 and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, 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;