The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (1.5 million won of fine) is too unreasonable.

2. According to the judgment, the crime of this case is likely to be criticized in that the defendant driven a vehicle while under the influence of alcohol by 0.091% and has a high potential risk of causing a traffic accident. However, it is hard to say that the defendant led to the confession of the crime of this case and his mistake in depth, and again makes the defendant not to repeat the crime. It seems that the defendant had the same kind of records as sentenced to a fine of 1.5 million won due to the violation of the Road Traffic Act around 1990 as a result of the defendant's violation of the Road Traffic Act around 1990 and around 196, since the defendant's operation of the vehicle was 50,000 won under the influence of alcohol and it appears that the defendant had a great risk of causing a traffic accident without any reasons, such as the character and behavior of the defendant, and the economic motive and circumstances of the defendant's individual rehabilitation, as the result of the defendant's application for the punishment of violence, etc. in 198, it appears that the defendant's personal character and behavior of this case are relatively inappropriate.

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 by the court and the summary of the evidence is as stated in the relevant column of the reasoning of the judgment below.