Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

2. Although there are several cases where the defendant has been punished for the same crime, there are less unfavorable circumstances, such as the defendant's act of violation of the Road Traffic Act, and the defendant committed the crime of this case without being aware of it during the probation period due to the crime of violation of the Road Traffic Act, etc. However, while recognizing the crime of this case and having an opportunity to reflect by living for a considerable period of time, the defendant has no record of being sentenced to imprisonment, the sentence of imprisonment with prison labor for the defendant to the extent of the previous suspended sentence (two years of suspended sentence in October) is too harsh compared to the degree of the crime of this case, the fact that there is a family member to support the defendant of this case, and other various sentencing conditions as shown in the records, such as motive, circumstance, age, character and behavior, environment, etc. of the defendant's crime of this case, it is judged that the sentence of the court below is unfair as it is too too too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, and therefore they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 of the Criminal Act and Articles 152 subparagraph 1 and 43 of the Criminal Act concerning the relevant criminal facts, the selection of fines;

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