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 decision of the court below on the summary of the grounds for appeal is too unreasonable that the punishment of 8 months sentenced by the defendant is too unreasonable.

2. The crime of this case is acknowledged that the Defendant driven a car while under the influence of alcohol with 0.15% alcohol level, and the case is not less light in light of the Defendant’s driving level or the risk of drunk driving. The Defendant committed a traffic accident involving different vehicles on the road in the course of the crime of this case; the Defendant was sentenced to suspended sentence for the same crime; and there had already been four times or more of criminal punishment; in particular, the Defendant committed the crime of this case on December 18, 2013 and the crime of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act (unlicensed Driving) without being sentenced to imprisonment with prison labor for not more than five months and not more than four months, despite being sentenced to suspended sentence for two years.

However, considering the fact that the defendant was detained for about 80 days during the period, and it seems that he had not been punished for the same kind of crime since 2011, and that there was no sentence imposed after being sentenced for eight months by prison labor for prison traffic in 1982, and that he must support his father and wife who suffered from congenital heart disease, and other circumstances, including the defendant's age, environment, occupation, family relationship, circumstance leading to the crime of this case and circumstances before and after the crime, etc., the sentence of the court below is unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

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, it is in accordance with Article 369 of the Criminal Procedure Act.