The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. The driving distance under the influence of judgment is up to 10km, and the Defendant is subject to a concurrent sentence by multiple times, and is disadvantageous to the Defendant.

However, it is advantageous to the fact that the defendant has recognized his mistake, there is no previous conviction, the fact that he is a recipient of basic living, the fact that he drives Oralba, the blood alcohol content is 0.1% and the fact that the blood alcohol content has not been increased as 0.1%, etc. In addition, considering the circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, and environment, the punishment of the court below is too unreasonable. Thus, the defendant's argument is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted 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. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act ( considered as favorable circumstances among the grounds for reversal);

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;