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 sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. In the past, even though there was a past history of punishment for a violation of the Road Traffic Act (one time of suspended sentence of imprisonment, and four times of fines), the Defendant again commits the instant crime and did not undermining the said case. In particular, the Defendant was sentenced to two years of suspended sentence on October 13, 201 to six months of imprisonment for a violation of the Road Traffic Act (one time of suspended sentence of imprisonment) and for a violation of the Road Traffic Act (one time of suspended sentence of imprisonment), and the Defendant committed the instant crime while the judgment became final and conclusive on October 13, 201, even though it was under suspended sentence.

However, in full view of all the circumstances that are favorable to the defendant, such as the confession and reflect of the defendant, the fact that the defendant undergoes a biochemical simplified surgery by means of cell cancer and liveration, etc., the fact that the defendant is in a position to support his family, the fact that the defendant disposed of the vehicle driven by the defendant, and the fact that the driver of this case was not an accident due to the operation of this case, and other circumstances that are conditions for sentencing as shown in the records and arguments, such as the circumstances after the crime, etc., the sentence imposed by the court below is deemed unfair, and therefore the above argument by the defendant is reasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning facts constituting a crime;

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

3. Article 334 (1) of the Criminal Procedure Act.