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 (one year of imprisonment) is too unreasonable.

2. The blood alcohol concentration ratio of judgment is relatively high to 0.140%, and the defendant has been punished twice for the same crime. However, even though he/she was sentenced to a two-year imprisonment with labor for a crime of this type, he/she is not aware of the fact that he/she is under the suspended sentence, and is likely to be subject to criticism in the instant crime, etc., that 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 circumstances, including the Defendant’s age, character and conduct, environment, background and method of the crime, circumstances after the crime, criminal record relation, family relation, etc., the Defendant’s punishment sentenced by the lower court is unreasonable, based on the following factors: (a) the Defendant’s age, character, environment, circumstance, method of the crime, criminal record, family relation, etc., which are the conditions for the sentencing of the instant case: (b) the Defendant’s life under detention for more than two months; and (c) the Defendant’s family members and prison persons have filed a written application for

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 Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;