The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., imprisonment for not less than two years, community service hours and 80 hours, and 40 hours of order to attend a compliance driving course) of the lower court is too unreasonable.

2. Determination is an element of sentencing unfavorable to the Defendant, such as the fact that the blood alcohol level (0.151%) is considerably high at the time of driving under the influence of alcohol at the time of driving under the influence of alcohol, and that the Defendant was driving under the influence of alcohol at the time of driving under the influence of alcohol.

However, it is the sentencing factor favorable to the defendant, such as that the defendant is the first offender, that the defendant has recognized the drinking driving of this case, and that the distance of the drinking driving is about five meters.

In addition, when comprehensively taking into account the Defendant’s age, character and conduct, criminal records, motive and background leading to the drinking driving of the instant case, and all of the sentencing conditions shown in the instant pleadings, such as circumstances after the drinking driving, the lower court’s punishment is deemed unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act, as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing is to be determined by taking into account the circumstances described in Article 334(2) of the Criminal Procedure Act.