The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15 million.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unreasonable.

2. Determination

A. 1) The Defendant stated only on the date of trial the grounds for sentencing on the grounds of unfair sentencing as the grounds for appeal, and found the distance of drinking and the blood alcohol concentration of the instant case on the date of trial as it is in the instant facts charged by the lower court was not about 6km but about 1.8km, as in the instant facts charged, and 0.053% of the blood alcohol concentration stated in the instant facts charged was measured at the rise of the blood alcohol concentration, and the blood alcohol concentration at the time of driving under the instant case was measured at the point of the rise of the blood alcohol concentration, and thus, the Defendant stated that the blood alcohol concentration at the time of driving under the instant facts charged at the time of driving under the influence of alcohol was unfair, not on the grounds of unfair sentencing, as the grounds for appeal (the Defendant

(2) We examine the aforementioned argument prior to the comprehensive determination of the grounds for sentencing. 2) First, we examine the distance of drinking driving of the instant case.

Although the court below recognized the distance of drinking driving of this case as " around 6 km" as it is in the facts charged of this case, it is reasonable to view the distance of drinking driving of this case as about 1.8 km recognized by the defendant, on the sole basis of the evidence adopted and examined by the court below, in light of the following: (a) although the starting point of drinking driving of this case in this case is "influenite site" located in the central Dong-dong of members in Ansan-si in the city where the starting point of driving of this case is Ansan-si; and (b) the screen "the screen is cut-down after searching for the NAVER road" and "the details of settlement" (section 43 of the trial record), it is difficult to conclude that the distance of drinking driving of this case exceeds about 1.8 km recognized by the defendant.

3. Next, we examine the blood alcohol concentration of the instant case.

Although there are differences for each individual, the blood alcohol concentration between 30 minutes and 90 minutes after drinking reaches the highest level.