The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The blood alcohol concentration of judgment is relatively high to 0.141%, and the defendant has been punished several times for the same crime. However, the fact that the defendant was sentenced to imprisonment for six months with prison labor for the same crime of drunk driving and was not aware of the fact that he was under suspension of the execution of two years for the same crime of the same kind of crime, and is highly likely to be subject to criticism, etc., is disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant appeared to reflect the Defendant’s attitude to recognize the instant crime; (b) the risk of traffic accidents caused by drunk driving has not been realized; (c) the Defendant had the time to live in custody for at least four months due to the instant case; (d) the Defendant’s age, character and conduct, environment, background and method of committing the instant crime; (e) the Defendant’s age, character and conduct, background and method of committing the instant crime; (c) the circumstances after committing the instant crime; (d) criminal record and family relation, the sentence imposed by the

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 it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment 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 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. We examine the part of the judgment on the grounds for appeal for sentencing of Article 334(1) of the Criminal Procedure Act, which is the provisional payment order.