The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The sentencing of the lower court (an amount of four million won) on the gist of the grounds of appeal is too unreasonable.

2. While the Defendant returned home through a substitute driving after drinking alcohol, the Defendant driven approximately 50 meters to move the vehicle to the underground parking lot because a proxy driver left a double parking after his/her arrival.

There are circumstances to consider the motive and background of the defendant's crime, and the drinking driving section is relatively short, and the risk is relatively low on the road in apartment complex.

In full view of the circumstances, including the above circumstances, such as the Defendant’s age, sex, environment, family relationship, means and consequence, etc., the lower court’s sentencing is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading.

[Re-written judgment] The same as the relevant column of the lower judgment’s judgment on criminal facts and summary of evidence.

Application of Statutes

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

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;