The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment and three years of suspended sentence) is too unreasonable.

2. In light of the fact that the Defendant’s crime of this case, while driving a retaliation in the state of alcohol, threatens the victim to a vehicle, which is a dangerous object, and at the same time, the victim’s quality of the crime is not less than that of the damage to the victim’s vehicle, the crime of this case should be strictly punished.

However, on the other hand, the defendant's recognition of the crime of this case and reflects the mistake in depth, there is no past record of criminal punishment exceeding the fine prior to the crime of this case, special intimidation and special property damage, the victim does not want the punishment of the defendant, the distance of drinking driving is relatively short of about 300 meters, and the defendant's family and branch members show their intention not to drive drinking again, such as selling the vehicle after the crime of this case, etc., the defendant's family and branch members want the defendant's preference to the defendant, and taking full account of various sentencing conditions shown in the records and arguments of this case, such as the circumstance of the crime of this case, the defendant's age, sexual behavior, environment, etc., and the judgment of the court below's punishment is too excessive and unfair. Thus, the defendant's assertion is justified.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment of the court below. Thus, it is also accepted by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 284, 283(1) (a) of the Criminal Act, Articles 369(1), 366 (a), and 366 (a) of the Criminal Act, Articles 148-2(2)2 and 44 of the Road Traffic Act concerning the crime.