The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., imprisonment for six months, suspension of execution for two years and 120 hours, and an order to attend a compliance driving course for forty hours) that the court below sentenced is too unreasonable.

2. The judgment is an unfavorable circumstance to the Defendant, such as the fact that the Defendant committed a crime in spite of the fact that he/she was punished by a fine twice due to drinking driving, the fact that he/she caused a traffic accident, and the fact that drinking water is relatively low.

On the other hand, however, the court below's punishment is heavy in view of the factors indicated in the arguments in this case, such as the fact that the defendant led to the confession of the crime, the final drinking driving punishment power was 4 years and 3 months prior to the crime, the disposal of the vehicle after the crime and the use of public transportation, the social welfare organization, etc. after the decision of the court below, etc., and the social welfare organization, etc. have provided community service or taken lectures for compliance driving for a considerable period of time after the decision of the court below, the status of the spouse's health is in the position to support his/her family, the social relation is clear, the social relation is obvious, the impact of the defendant's age, character and behavior, the impact of the defendant's imprisonment without labor or heavier punishment on the defendant

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below. 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) 3 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); the selection of fines for criminal facts;

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