The judgment of the court below is reversed.

Defendant shall be punished by a fine of 20 million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (a prison term of one year, a suspended sentence of two years, and a community service order of 80 hours) imposed by the court below is too unreasonable.

2. In light of the judgment, the Defendant committed the instant crime repeatedly for a short period of time despite the fact that the Defendant had been punished several times due to drinking driving, and the Defendant appears to have high possibility of criticism and to have no opening, etc., which are disadvantageous to the Defendant.

However, the court below's punishment seems to be somewhat unreasonable in light of the following circumstances: (a) the defendant shows a attitude that his mistake is divided and reflected; (b) each blood alcohol level of the defendant was relatively high at the time; (c) the defendant did not repeat the crime by disposing of the vehicle used for the crime of this case; and (d) some circumstances that can be considered in the living environment of the defendant are favorable to the defendant; and (e) considering all the sentencing conditions in the argument of this case, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime.

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.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of applicable laws and punishment for the crime, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes with the punishment prescribed for a violation of the Road Traffic Act as of October 13, 2019, with heavier penalty) among concurrent crimes;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.