The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal (e.g., a fine of KRW 30 million) imposed by the lower court is too uneased and unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant recognized his/her mistake and stated that he/she would not drive under the influence of alcohol again; (b) the victim does not want punishment against the Defendant under an agreement with the victim of the traffic accident; and (c) the Defendant supported his/her mother.

However, the instant crime is driven under the influence of the Defendant’s blood alcohol concentration of 0.214%.

It is very heavy that the victim suffered an injury for three weeks due to the collision of the damaged vehicle driven in the main lane beyond the central line, and the responsibility for the crime is very heavy.

Defendant has already been punished by a fine due to drinking driving on two occasions, and is driving without a driver's license.

There is also a history of being exposed twice.

In addition, the crime of this case was committed without being aware of it even though it was a repeated crime due to the crime of this type.

In recent years, social consensus on the risk and seriousness of drinking driving has been made, and the statutory penalty has been significantly increased, and it is rather favorable that the defendant is a repeated offender.

In addition, the sentence of the court below, which sentenced to the fine, is deemed to be too uneasible and unfair, in full view of all the conditions of sentencing as shown in the records and arguments of this case, including the defendant's age, character and conduct, environment, circumstances before and after the crime of this case.

The prosecutor's assertion of unfair sentencing is justified.

3. Since the appeal by the prosecutor of the conclusion 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

[Reasons for the Decision] The summary of facts constituting a crime and evidence recognized by the court and the summary of the evidence are the facts constituting a crime, and the defendant's "criminal records" is two years in imprisonment with prison labor at the Seoul Western District Court on May 26, 2016.