The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (six months of imprisonment and two years of suspended sentence) is too unreasonable.

2. The Defendant committed the instant crime even though he/she had been subject to punishment twice due to driving under drinking, and at the same time committed the same time, is disadvantageous to the Defendant.

However, the defendant recognized and reflected the crime of this case, the alcohol level of the defendant at the time of this case was 0.064% lower than that of 0.064%, the previous criminal records received a fine of 700,000 won in around 207 and a fine of 1.5 million won in around 201, and there is a gap between the crime of this case and the crime of this case; the defendant has no criminal records above the suspended execution; the defendant supports his wife who suffers from long-term illness; if the sentence of this case is finalized, the defendant might be dismissed from office for 38 years in light of the overall circumstances of this case, etc.

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

Criminal facts

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

Application of Statutes

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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