The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The judgment has a record of criminal punishment eight times due to driving of alcohol, driving without a license, refusal of alcohol measurement, etc., and, in particular, the crime of this case is committed in the case of this case without being aware of the fact that the defendant was sentenced to a two-year suspended sentence for eight months due to a violation of the Road Traffic Act, even though he was sentenced to a two-year suspended sentence.

However, in full view of all of the circumstances, including the defendant's age, sex, environment, family relationship, etc., the sentence imposed by the court below is somewhat unreasonable, and thus, the defendant and his defense counsel's argument that the sentence imposed by the court below is somewhat unreasonable, since it is recognized that the defendant's punishment imposed by the court below is somewhat inappropriate, since the defendant and his defense counsel's defense counsel's assertion of the above unfair sentencing is justified, since the defendant and his defense counsel's defense counsel's aforementioned argument are justified, since the alcohol content in the defendant's blood is not high by 0.095%, the driving distance is limited to 7 meters, there are children who should support the defendant, and the sentence imposed by the defendant was suspended by the execution of the above sentence.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of a fine for negligence;