The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. In light of the fact that the summary of the grounds for appeal is not good for the defendant's health, the lower court's punishment (five million won of a fine) is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant driven a long distance under the influence of alcohol with high blood alcohol level; (b) there was no record of punishment except that subject to a fine on one occasion in around 2012; (c) there is no previous record of punishment; (d) the Defendant’s health is not good; and (e) the Defendant appears to have been economically and economically difficult; and (e) the Defendant’s mistake is in depth divided and does not repeat the Defendant’s offense; and (e) other circumstances indicated in the records of the instant case, such as the Defendant’s age, character, conduct, and environment, the lower court’s punishment is unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment of the court below, and thus, they are invoked in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

1. Articles 70 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;