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.

Summary of Grounds for Appeal

The sentence of the lower court (7 million won of a fine) is too unhued and unreasonable.

2. The judgment of the defendant is contrary to the recognition of the crime.

However, considering the social harm caused by drinking driving and the changed people's legal sentiment, the criminal defendant's responsibility for re-offending is heavy even though he/she had already been punished for a drinking driving once.

At the time of the crime of drunk driving of this case, the blood alcohol concentration of the defendant was 0.208% higher, and the distance of the defendant's driving is 20km considerably.

In full view of such circumstances as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and the conditions of the sentencing as shown in the instant records and arguments, the lower court’s punishment is deemed to be too uneasible and unfair.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment shall be

[Discied reasoning of the judgment below] Criminal facts and summary of evidence against the defendant recognized by the court is identical to each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. The circumstances examined in the part on the prosecutor’s argument of unfair sentencing prior to the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act shall be determined as per Disposition, taking into account the factors examined in the prosecutor’s argument of unfair sentencing.