The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. Although there are several occasions of criminal punishment against the defendant, the crime of this case was committed under the suspension period of execution due to the same kind of crime, the defendant led to his confession, the defendant's blood alcohol concentration at the time of the crime of this case does not significantly increase. The crime of this case appears to be due to drinking at night on the preceding night, the defendant seems to have suffered from an accident that cut left trees at around 1999, and the defendant was under the inconvenience of living, and two children are responsible for supporting themselves, taking into account all other circumstances such as the defendant's age, character and behavior, environment, occupation, circumstances and contents leading to the crime of this case, and circumstances after the crime, etc., the sentence of the court below is unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of an alternative fine for punishment;

1. The grounds for the reversal of the reasons for sentencing under Articles 70 and 69(2) of the Criminal Act are the same as the same.