The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The judgment of the Defendant had the record of criminal punishment for the same crime even before the instant crime was committed, and in particular, the Defendant committed the instant crime without being aware of the fact that the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act, which was sentenced to a suspended sentence of six months on the grounds of a violation of the Road Traffic Act, and at the same time, was found to have not been aware of the fact that the instant crime was committed and was discovered again on September 20, 2015, and was sentenced to a fine again on September 20, 2015, which was discovered and was sentenced to a prior action after being sentenced to a suspended sentence

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant had an opportunity to reflect the Defendant’s life in custody for more than two months after being detained in court at the time of sentencing; (c) the Defendant’s blood alcohol concentration is not high and driving distance is not long; (d) there is a family member to support the Defendant; (b) the Defendant’s imprisonment for which the execution of the sentence was suspended was suspended, and is somewhat harsh to the Defendant; and (c) other circumstances that are conditions for sentencing specified in the instant case, such as the Defendant’s age, sex behavior, environment, family relationship, and circumstances after the commission of the crime, the sentence imposed by the lower court is recognized to be somewhat unreasonable; and (d) the Defendant and his defense counsel’s allegation about the above sentencing is with merit.

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1 of the Road Traffic Act concerning facts constituting an offense