1. The judgment below is reversed.

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

3. The above fine shall be imposed on the defendant.

1. The decision of the court below on the summary of the grounds for appeal (the fine of KRW 4,00,000) is too unreasonable.

2. Before the judgment on the grounds for appeal by the defendant ex officio, the case is examined ex officio, and in the trial prior to remand, the "Article 148-2 (2) 2 of the Road Traffic Act" among the applicable provisions of the facts charged in this case shall be deemed to be "Article 148-2 (2) 3 of the Road Traffic Act" and the facts charged

The court of the first instance prior to the remanding of the case after applying for permission to amend the Bill of Indictment which alters the term “0.119% of blood alcohol concentration” into “0.081% of blood alcohol concentration” in this paragraph. As such, the judgment of the court below was no longer maintained.

3. In conclusion, the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and the judgment below is reversed and it is again decided as follows.

Criminal facts

1. On March 5, 2012, at around 23:30, the Defendant: (a) driven a D-top car on the front of the guard room of the C Apartment House in the following cities in the following cities; (b) was negligent in not operating the steering wheel, brake and other devices properly; (c) while driving the D-top car on the front of the D-top car in the front direction of the said apartment house, the front side of the E-top car parked on the right side of the Defendant’s vehicle, which was parked on the right side due to the negligence of not operating the steering wheel, brake and other devices properly; and (d) continued to stop the back side of the F-top vehicle in the front direction of the Defendant vehicle and did not immediately stop the said vehicle.

2. At around 23:30 on March 5, 2012, the Defendant, while under the influence of alcohol with a blood alcohol content of 0.081%, driven a DNA car within a approximately 7 K KK section from the said C apartment parking lot to the roads front of the Donggdodogri-si, Hasan-si.

Summary of Evidence

1. Statement in court at the trial of the defendant;

1. The first instance judgment of the court below.