The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (two years of suspended sentence for six months of imprisonment and forty hours of an order to attend a law-abiding lecture) that the court below sentenced is too unreasonable.

2. The judgment of the driving under the influence of alcohol is an offense that may cause damage not only to an individual, but also to a third person's life and property, and requires strict punishment by reflecting the purpose of the revision of the Road Traffic Act, etc. In the past, the fact that the defendant has been punished several times due to a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (4 times a fine) in the past is disadvantageous to the defendant.

However, in full view of all the circumstances favorable to the defendant, such as the confession and rebuttal of the defendant, the defendant's blood alcohol concentration is relatively low, the defendant's blood alcohol concentration is relatively low, the defendant has no criminal record exceeding a fine, the defendant's location to support his family, and the defendant does not repeat again, and other circumstances that are conditions for sentencing as shown in the records and arguments, such as circumstances favorable to the defendant, character, conduct and environment of the defendant, the background and result of the crime in this case, and the circumstances after the crime, etc., the sentence imposed by the court below is deemed unfair, and therefore the above argument by

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted 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 (1) 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;

2.Article 40 of the Criminal Code of Trade and Trade.