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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. We examine the reasoning of appeal. Each of the crimes of this case committed by the Defendant is deemed to be disadvantageous to the Defendant, in light of the content and method of the crime, etc., that the nature of the crime is not negligible, that the amount of alcohol concentration in blood is relatively high than 0.134%, that the risk of drinking is realized due to the occurrence of traffic accidents, that there was a history of having been punished several times due to the same crime, and that there was a history of having been punished several times due to the same crime, and that the Defendant again committed each of the crimes of this case during the period of suspension of execution without care even though he was sentenced to a fine due to the reduction of drinking during the suspension of execution due to the violation of the Protection of Military Bases
On the other hand, however, the defendant recognized all the criminal facts of this case and reflects his mistake in depth, and is detained for more than two months in this case, and the seriousness of punishment due to repeating the crime of drinking driving, etc. seems to have been sufficiently impaired, and again, he does not stop the same crime.
In full view of the following circumstances: (a) the Defendant’s wife, etc. wanting to be the Defendant’s wife; (b) the balance of the general amounts of punishment in cases of the same and similar kind of cases; and (c) the Defendant’s age, sexual conduct, intelligence and environment; and the motive, background, means and result of the instant crime; (c) the circumstances after the instant crime was committed; (d) the criminal records; (e) family relationship; and (e) economic circumstances, etc., the Defendant’s punishment imposed by the lower court is somewhat unreasonable to maintain it as it is, and thus, the Defendant’s assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is without merit.