by the Supreme Court of Korea

“ As to the prosecutor’s appeal The purpose of punishing drunk driving is to prevent the danger of causing traffic accidents by driving under the influence of alcohol that reduces or weakens the ability to bear responsibility. Drunk driving is punished in two ways: unconditional punishment of a driver whose blood alcohol level surpasses a certain level, or punishment depending on whether a driving ability has been actually reduced or not, regardless of a specific figure from a blood alcohol level test. ”

“ However, an appeal on the ground of an unjustifiable sentencing shall only be permitted in cases where a death sentence, a sentence of life in prison, or a sentence of 10 years or more in prison or imprisonment are delivered, in accordance with the provision in Article 383 (4) of the Criminal Procedure Act, therefore, the ground for appeal that the sentencing is unjustifiable shall not be a legitimate ground for appeal in this case where a fine, which is a sentence lighter than the aforementioned ones, was imposed. ”

“ Several crimes for which judgment has not become final, or a crime for which judgment to punish with an imprisonment without prison labor or a heavier punishment has become final and the crimes committed before the said final judgment shall be regarded as concurrent crimes. ”