The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The judgment blood alcohol concentration is considerably high to 0.190%, and the defendant has been punished several times for the same crime. However, the fact that the defendant was sentenced to a two-year suspended sentence for imprisonment for the same kind of crime of drinking driving and was not aware of the fact that he was under the suspended sentence for 8 months, and that there is a high possibility of criticism for the crime of this case, etc. is disadvantageous to the defendant.

However, the defendant shows his attitude to reflect on the crime of this case, the risk of traffic accidents caused by drinking driving has not been realized, and the defendant is driving on the morning following the day when he spawn after drinking alcohol on the preceding day.

In full view of the following circumstances: (a) there are some circumstances to be taken into account in the course of the crime; (b) the Defendant’s family members and prisons filed a written application to the effect that the Defendant’s family members and prisons appeal against the Defendant’s wife; and (c) the Defendant’s age, character and behavior, environment, background and method of the crime; (d) circumstances after the crime; (e) criminal records and family relations; and (e) the Defendant’s punishment imposed by the lower court is unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of without a license).