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 reasons for appeal - the court below’s punishment (six months of imprisonment) is too heavy.

2. The judgment that the defendant had a record of being punished twice due to drinking driving, and that the defendant committed the crime of this case without being aware of the fact that he/she was under suspension of the execution of a crime is disadvantageous to the defendant.

On the other hand, the defendant recognized the crime of this case, the crime of this case was limited to a simple drinking and did not occur any more severe result, the driving distance was a short distance of 1 km, the defendant's driving criminal record was less than 206 and 2008, and there was no record of punishment exceeding a fine in addition to the suspended sentence once for the crime of this case. The defendant is under detention for 2 months due to the crime of this case, and the mistake is divided and reflected, and the judgment of the court below is finalized, and the defendant must live in custody for a considerable period of time after the suspended sentence is invalidated, and it is judged that the invalidation of the above suspended sentence is somewhat harsh, and all other records and changes in the sentencing of this case, such as the defendant's age, sex, environment, circumstances and motive leading to the crime of this case, before and after the crime of this case, are unfair.

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

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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