The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The main sentence of the grounds for appeal is too uneasible and unreasonable.

2. The judgment that the defendant recognized the crime of this case, and that there was no accident due to drinking driving, etc. are favorable to the defendant.

However, in light of the following circumstances: (a) the Defendant was discovered while driving under the influence of 0.161% alcohol level; (b) the Defendant was found to have caused danger due to drunk driving; and (c) the Road Traffic Act was enacted that greatly strengthened statutory punishment by reflecting public opinion demanding strong punishment for drunk driving; and (d) under the circumstances widely known in society through media reports, etc., the Defendant’s age, character and behavior, occupation, motive, means and consequence of the instant crime, and all of the sentencing conditions in the instant pleadings, including the Defendant’s age, character and behavior, occupation, motive, means and consequence of the instant crime, etc., it is deemed unfair for the lower court to impose punishment by choosing a fine against the Defendant, and imposing punishment by discretionary mitigation.

3. The appeal by the prosecutor of the conclusion is with merit, and the judgment of the court below is reversed, and it is decided as follows.

[Discied Judgment] The summary of facts constituting an offense and a summary of evidence is as stated in each corresponding column of the judgment below.

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;

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

1. The grounds for reversal of sentencing under Article 334(1) of the Criminal Procedure Act and all of the sentencing conditions indicated in the record shall be determined as ordered by taking into account the following factors.