The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (three million won of fine) is too unreasonable.

2. Determination

A. The crime of this case is a case where the defendant, under the influence of alcohol, sustained approximately 30 times with a view to breathing net, and the nature of the crime is not very good.

B. On the other hand, there are extenuating circumstances, such as the fact that the Defendant was 20 years of age and the victim did not want the punishment of the Defendant, the confession of the instant crime, and his mistake is divided, and that there is no previous conviction or sentence.

In addition, the sentence of the court below is too unreasonable in light of all the sentencing conditions, such as the family relationship, living environment, motive, means and consequence of the crime, and circumstances after the crime.

3. The appeal by the defendant is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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;