The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (five million won of a fine, two years of suspended execution) declared by the court below is too unhued and unreasonable.

2. The following facts are favorable to the Defendant: (a) the Defendant recognized the instant crime; (b) the Defendant’s history of drinking driving was a disposition of suspension of indictment prior to approximately 13 years; and (c) the Defendant’s state of drinking at the time of the instant crime was relatively heavy.

However, drinking driving is a very dangerous crime that may cause unexpected behaviors to the life and home of others, and thus, it is highly necessary to strictly punish the same crime and prevent the same from being committed again. The Defendant committed the instant crime even when he has been suspended once in the past, and the Defendant committed the instant crime at the same time. In full view of the circumstances unfavorable to the Defendant, such as the motive, background, means and method of the instant crime, circumstances before and after the instant crime, and other circumstances, such as the Defendant’s age, character and behavior, career, environment, etc., the sentence of the lower court is deemed to be too unreasonable.

Therefore, the prosecutor's argument of unfair sentencing is justified.

3. In conclusion, the prosecutor'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 it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The foregoing consideration shall be given to the favorable circumstances of the sentencing grounds);

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