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 gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The defendant has a record of being punished for the same kind of crime several times, and in particular, the defendant has committed the crime of this case without being aware of the fact that he/she was sentenced to the imprisonment of six years for the same crime and was sentenced to the imprisonment of two years for the same crime, and that the amount of alcohol concentration during the driving distance of the defendant and blood is not small.

However, in full view of the following circumstances: (a) the Defendant is fully admitted to commit the instant crime; (b) the Defendant has an opportunity to reflect on the Defendant’s life in custody for about four months after being detained in court at the time of sentencing; (c) the Defendant’s imprisonment for which the execution of the sentence was postponed upon being sentenced to imprisonment; (d) the Defendant’s family members and branch members wish to leave the Defendant’s wife; and (e) other circumstances that form the condition for sentencing specified in the instant case, such as the Defendant’s age, sex behavior, environment, family relationship, and circumstances after the commission of the crime, the sentence imposed by the lower court is somewhat unreasonable; and therefore, (e) the Defendant and his defense counsel’s unjust assertion of sentencing is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70 of the Criminal Act to attract a workhouse.