The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) of the lower court is too unfilled and unreasonable.

2. Although considering the circumstance that the Defendant’s mistake is against his own mistake, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and a violation of the Road Traffic Act (Aggravated Punishment, etc.) in the Chuncheon District Court’s original branch on March 18, 2015, and was sentenced to a suspended sentence of 6 months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes). On March 26, 2015, 100 days after the judgment became final and conclusive, the Defendant was in a state of significant high alcohol concentration (0.268%) at the time of driving under the influence of alcohol in this case, and the Defendant was sentenced to a summary order of 1.5 million won for a violation of the Road Traffic Act in 2009 (Aggravated Measures). In light of the circumstances and other circumstances leading the Defendant to the instant crime, the Defendant’s age of character and behavior, etc.

3. In conclusion, the prosecutor'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 the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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;