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 summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In light of the fact that the defendant committed the crime of this case again during the suspension of the execution period for the same kind of crime even though he had the record of punishment several times for the same crime, and the defendant committed the crime of this case during the suspension of the execution period for the same crime without a license, and caused contact by negligence, it is necessary to punish the defendant. However, considering all the sentencing conditions including the fact that the defendant recognized the crime of this case and the defendant's family and the person with the defendant's family have been detained for more than three months up to now, and that if the detention for the defendant is prolonged, the defendant's environment, the process and result of the crime, and the circumstances after the crime, etc., the punishment of the court below is 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 facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty for a crime;

1. Articles 70 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;