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 decision of the court below (one year of imprisonment and two years of suspended execution) is too unreasonable.

2. The judgment of the court below, although the defendant had been punished once as a crime of drunk driving in the past, seems to have been found to have been caught by the night driving, the distance of movement in this case was not relatively long, and the defendant's attitude was expressed that the defendant committed the crime, and the defendant wanted to repent of the crime, and taking into account all the sentencing conditions of the defendant's age, character and behavior, environment, motive, means and consequence of the crime in this case, and the circumstances after the crime, etc., the sentence of the court below against the defendant is heavy.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to each corresponding column of the judgment of the court below, and such facts are cited as they are in accordance with Article 369 of the Criminal Procedure Act.

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;