The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of KRW 13 million) imposed by the lower court is too unreasonable.

2. The judgment of the court below did not lead to a traffic accident. At the time of the instant case, the blood alcohol level of the Defendant was not high, and the Defendant did not have any record of punishment exceeding the fine due to the same kind of crime, and the Defendant’s age, family relationship, environment, etc., and the grounds for sentencing stated in the arguments and records in the instant case, the sentence sentenced by the court below is unreasonable. Thus, the Defendant’s assertion of unreasonable sentencing is justified.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

[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

Application of Statutes

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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;