Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

2. Although the Defendant again committed the instant crime even though the previous case had been committed several times, it is necessary to strictly punish the Defendant. However, there are extenuating circumstances, such as the following: (a) there is no heavier punishment; (b) there is a confession of the commission of the instant crime; (c) the confession of the commission of the crime; and (d) there is a misunderstanding of the misunderstanding; (b) the state of health is not good due to high blood pressure, drying, depression; and (c) the sale of the vehicle, and (d) the sale of the vehicle, and the sale of the vehicle would not re

In addition, considering the Defendant’s age, family relations, living environment, and circumstances after the crime, all of the sentencing conditions shown in the instant pleadings, the sentence of the lower court is too unreasonable.

3. The appeal by the defendant is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited 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 (1) 1 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;