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 decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In light of the fact that the defendant, who had been punished twice due to the violation of the Road Traffic Act due to the crime of this case, committed the crime of this kind and committed the crime of re-driving without being able to do so, and that there is a social consensus on the necessity of the strict punishment for the drunk driving, it is necessary to punish the defendant with severe penalty corresponding to his responsibility.

However, it seems that the defendant, as the most supporting person, reflects his mistake while taking advantage of the fact of the crime in this case, and seems that the risk of blood alcohol level is significantly differentiated through confinement life for 2 months. Furthermore, considering the following factors: the defendant's age, character and behavior, environment, health conditions, motive for the crime, circumstances after the crime, etc., the punishment of the court below against the defendant is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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;