The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. The sentence of the lower court (a fine of KRW 1,500,000) against the Defendant as to the summary of the grounds for appeal is unreasonable as it is deemed unreasonable.

2. Before the prosecutor’s ex officio assertion of unfair sentencing, the lower court ex officio examined the criminal facts indicated in the judgment, and sentenced to a fine of KRW 1,500,00 after choosing a fine. Articles 148-2(2)2 and 44(1) of the Road Traffic Act shall apply to the criminal facts of the original judgment. The statutory penalty stipulated in Article 148-2(2)2 of the Road Traffic Act shall be a fine of KRW 6 months to not less than one year or a fine of not less than 3,00,000 to not less than 5,00,000, not more than 3,000 won. Thus, the lower court should have reduced the amount of punishment to the Defendant under Articles 53 and 55(1)6 of the Criminal Act.

Therefore, the lower court’s judgment cannot be maintained as it erred by applying the pertinent statutory provisions to criminal facts and by violating the lower limit of the applicable sentences.

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor’s assertion of unfair sentencing according to the conclusion, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and 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) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment for driving under the influence of alcohol as much as the risk of accidents due to driving under the influence of alcohol is high.