The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The main point of the grounds for appeal is that the lower court’s punishment (10 million won in penalty) is too unhued and unreasonable.

2. The judgment of the accused is the time of committing the crime, and the accused is repented, and he does not drive drinking again;

Although the Defendant is driving under drinking while driving on the road to the extent of diving, he/she has been sentenced to a fine of KRW 1.5 million on August 31, 2007 due to drinking driving, a fine of KRW 3 million on August 9, 2012, a fine of KRW 10 million on November 8, 2013, and a fine of KRW 10 million on December 27, 2012, and a fine of KRW 700,000 on December 27, 2012, and a fine of KRW 70,000,000 has been imposed on the Defendant for a violation of traffic-related laws, such as obtaining a fine of KRW 5 million on June 26, 2015, due to an illegal driving of official documents, and taking into account the fact that there are many records of punishment in violation of traffic-related laws, such as receiving a fine of KRW 5 million on June 31, 2015, considering that the Defendant’s age, sex, and environment, etc.

3. Accordingly, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;