The judgment of the court below is reversed.

Defendant shall be punished by a fine of 20 million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (a fine of seven million won) declared by the court below is too unhued and unreasonable.

2. The judgment is that the defendant driving a short distance of about three meters in the parking lot, and that the defendant reflects his gender, etc. are favorable to the defendant.

However, the defendant's blood alcohol concentration is considerably high to 0.192%.

In addition, in 2013, the Defendant was sentenced to a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) and the same crime in 2015, and was sentenced to a suspended sentence of ten months and six months for the same crime in 2018.

In addition, comprehensively taking account of the defendant's age, character and conduct, environment, motive of the crime, and circumstances after the crime, the sentence of the court below is deemed unreasonable.

Therefore, the prosecutor's argument of unfair sentencing is justified.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the appeal is again ruled as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) 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;