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. On the other hand, the defendant was punished for the same kind of crime including two times of suspended execution, and a suspended sentence of imprisonment due to drinking driving is imposed on the same kind of crime as stated in the first head of the crime in the judgment of the court below, and the nature of the crime in this case is very poor within the grace period.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) was detained for about three months; and (c) the Defendant had an opportunity to reflect on the Defendant’s drinking; and (d) the Defendant’s distance from driving the instant crime; (b) the background leading to the instant crime; and (c) the Defendant’s age, sexual conduct, environment, family relationship; and (d) the circumstances after the instant crime, the sentence imposed by the lower court is somewhat unreasonable and unfair; and (b) the Defendant and his defense counsel’s allegation of the foregoing sentencing is with merit.

3. If so, the defendant's appeal is reasonable, 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 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 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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;