The judgment of the court below is reversed.

Defendant shall be punished by a fine of 6 million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 4 million imposed by the court below against the defendant is too unhued.

2. It is recognized that the circumstances such as the Defendant’s acknowledgement of the instant crime and reflects his mistake, the Defendant’s economic condition is not sufficient, and even if so, there was no personal and material damage caused by the instant crime.

However, the crime of this case was committed even though the defendant was subject to criminal punishment for the violation of the Road Traffic Act at least twice in the previous two occasions (the defendant was sentenced to a fine of one million won and two million won each in 2011 and 2013), and the case is not less complicated. In particular, the blood alcohol concentration at the time of the defendant's driving is very high to 0.183%, and the crime of drunk driving requires strict punishment for the crime of infringing other's life and body as well as the crime of infringing other's life and body, and the revised Road Traffic Act also strengthens the punishment for the crime of drunk driving three times, the defendant's age, environment, family relationship, circumstances leading to the crime of this case, and the conditions of sentencing before and after the crime are committed, it seems that the court below's judgment is unreasonable in light of the overall circumstances such as the defendant's age, condition of imprisonment for not less than three years but not more than five million won, or a fine of not more than one million won and less than five million won.

3. In conclusion, 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 it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty for the crime;