The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The punishment of the court below (2 million won of fine) against the defendant is too unreasonable.

Judgment

The Defendant’s blood alcohol content at the time of committing the instant crime is 0.143% or more, but the instant crime is not serious since the Defendant driven a two-wheeled vehicle in a state without a license for drinking, and cannot be said to have been controlled by the police’s inspection without any accident. The Defendant had no record of being punished before, and the Defendant has a depth of his mistake, and all the sentencing conditions indicated in the instant records and arguments, including the Defendant’s age, character and conduct, environment, circumstances after committing the instant crime, etc., are inappropriate.

Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

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

1. Selection of an alternative fine for punishment;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (the consideration of favorable circumstances among the reasons for reversal in the preceding way);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.