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 sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. In light of the fact that a drunk driving is a dangerous crime that may cause damage not only to the life and body of another person, and thus, requires severe punishment, and thus, it is necessary to eradicate the same crime, and that two times of the two times of suspended execution is sentenced to suspended execution, and that the Defendant committed the instant crime since one month has not passed since the suspended execution became final and conclusive, it cannot be said that the lower court’s punishment is heavy.

However, the Defendant’s mistake and reflect, and the blood alcohol level of the instant case was relatively high as 0.073%, and the blood alcohol level of the instant crime, which had been suspended due to drinking driving prior to the instant crime, was not high as 0.054%, and other various sentencing conditions shown in the records and arguments, including the Defendant’s age, character and conduct, motive and background of the crime, and circumstances after the crime, are comprehensively taken into account.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Application of Statutes

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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;