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

2. The crime of this case is deemed to have driven a motor vehicle under the influence of alcohol 0.123% even though the defendant had already been under the influence of alcohol driving twice or more, and the case is not less than that, in the past, the defendant has been sentenced to a suspended sentence of imprisonment with prison labor for one time due to a crime of violating the Road Traffic Act and a fine of two times. On February 3, 2012, the crime of this case was committed in the Changwon District Court, which was sentenced to two years of a suspended sentence of six months due to a crime of aiding and abetting, etc. at the Changwon District Court, which became final and conclusive on February 11, 2012, and committed the crime of this case, which is disadvantageous to the defendant.

However, there are circumstances to consider the circumstances of the Defendant’s driving under the influence of alcohol in this case, and the driving under the influence of alcohol in this case was discovered when the Defendant voluntarily stops and stops the vehicle and stops the vehicle, and there are circumstances to consider the situation where the Defendant was discovered. The Defendant had no record of control over four years prior to the crackdown on driving under the influence of alcohol in this case; the Defendant was already detained for two months; the Defendant is in a position to support his parent and his father; the Defendant’s confession and father are in favor of the Defendant; the Defendant’s confession, the Defendant’s character and behavior and environment favorable to the Defendant; the background and consequence of the instant crime; the circumstances after the crime, etc.; and the circumstances after the crime, etc. are considered to be unfair. Thus, the Defendant’s assertion is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be recorded in the corresponding column of the original judgment.