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 summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 1.5 million imposed by the court below against the defendant is too unreasonable.

2. The crime of this case is acknowledged that the defendant driven a distance equivalent to 12 km due to the blood alcohol concentration of 0.062%, and the case is not less complicated, and the revised Road Traffic Act as an offense threatening the life and body of others as well as himself/herself is strengthening punishment.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects the Defendant’s mistake in depth; (b) the Defendant is faced with the recent situation where he lost her mother; (c) the Defendant’s economic situation is not serious; and (d) the Defendant’s age, environment, family relationship; (b) background leading to the instant crime; (c) circumstances leading to the instant crime; and (d) circumstances before and after the instant crime, etc., the lower court’s punishment seems to be somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;