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 main point of the grounds for appeal is that the sentence (five million won penalty) imposed by the court below on the defendant is too unreasonable.

2. In the case of refusal to measure drinking, it is difficult for the defendant to effectively perform the duty of measurement of drinking without punishing it heavier than normal drinking driving. It is recognized that the defendant has the criminal history of the same kind, but it is recognized that the defendant has the criminal history but confessions and reflects the fact of the crime, there is no criminal record heavier than the fine, and there is no criminal history of the same kind of crime, and thereafter there is no criminal history of the same crime. In the case of refusal to measure drinking, in full view of the various circumstances, such as the defendant's age, environment, sex, motive for the crime, circumstances before and after the crime, etc., the court below's punishment is somewhat unreasonable by taking into account all the circumstances, which are the conditions for the punishment as shown in the records and arguments of this case, such as the defendant's age, environment, sexual behavior, motive for the crime, and circumstances before and after the crime.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns 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 154 subparagraph 2 of the Road Traffic Act, Article 154 and Article 43 (Unlicensed Driving) of the Road Traffic Act, Article 148-2 and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense, the selection of fines, respectively;

2. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the amount is aggregated) shall be aggravated for concurrent crimes;

3. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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