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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.
Reasons
1. The 6-month imprisonment sentenced by the court below is too unreasonable.
2. In light of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and result of the crime, the sentence imposed by the court below against the defendant is too unreasonable, since it is acknowledged that the sentence imposed by the defendant is too unreasonable, in light of the following factors: although the defendant was sentenced to a stay of execution for the same kind of drinking driving, etc., and the drinking driving level is not lower than that, the defendant reflects his mistake, and again sells the driver's vehicle; the driving distance does not lead to any particular damage caused by the crime in the instant case; the father of the defendant's father has taken the role of the defendant; the defendant has been detained for a long time due to the instant case; the defendant has been detained for a certain period of time; and the defendant has been detained for a certain period of time, and the defendant has been tried to take full account of various sentencing conditions stipulated in Article 51 of the Criminal Act.
3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.
Criminal facts
The summary of the crime and evidence against the defendant recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;
1. Articles 70 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;