The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unreasonable.

2. The judgment driving is a serious crime that inflicts harm on the life and body of himself/herself and others, and the revised Road Traffic Act enhances criminal punishment by raising statutory punishment for such crime, and the Defendant’s blood alcohol concentration is considerably high by 0.257%, and is disadvantageous to the Defendant.

However, in light of the favorable circumstances, such as the Defendant’s age, sex behavior, environment, background of crime, circumstance after crime, etc., the sentence imposed by the lower court is unreasonable, in light of the following: (a) the Defendant was found to have stopped driving by himself while driving alcohol in the form of drinking and stopping on the way; (b) the Defendant was found to have no record of punishment for the same kind of crime; and (c) other favorable circumstances, such as the Defendant’s age, sex behavior, environment, circumstances after crime, etc.; and (d) various conditions of sentencing as indicated in the records and changes theory, such as the circumstances after crime.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;