The judgment of the court below is reversed.

Defendant shall be punished by a fine of 20 million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. In full view of the arguments in the instant case and the reasons for sentencing indicated in the records, such as the Defendant’s age, occupation, environment, and social relation, the lower court’s punishment seems to be unreasonable, on the grounds that the Defendant’s history of drinking alcohol was 12 years prior to around 12 years, the Defendant’s crime in the instant case did not lead to an accident, and the Defendant recognized the mistake through a prison life exceeding 2 months, and reflects the Defendant’s age, occupation, social relation, etc.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as that of each corresponding column of the judgment of the court below. Thus, they are cited 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;