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 main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the first head of the facts charged in the instant case was examined by the prosecutor, and the judgment on May 5, 2017 became final and conclusive on the first head of the instant charges.

“A request for amendment to a bill of amendment to an indictment was made to add each “Article 37 of the Criminal Act and Article 39(1) of the Criminal Act” under the applicable law, and the subject of the judgment was changed by this court’s permission. As such, the judgment of the court below was no longer maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

【Grounds for the Judgment to be used again] Criminal facts and summary of evidence recognized by the court, and summary of evidence, the first head of the lower judgment’s criminal facts, “The Defendant was sentenced to three months in imprisonment with prison labor for a crime in the Jeonju District Court’s Militarysan Branch on April 26, 2017, and the judgment on May 5, 2017 became final and conclusive.

“A previous conviction in the judgment of the court below” is added to “a prior conviction in the judgment of the court below” at the end of the gist of the evidence, and as such, it is identical to the corresponding column of the court below’s judgment. Accordingly, it is cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 of the Act on the Punishment of Violences, etc., Article 260 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is under the influence of alcohol by the defendant jointly with the defendant B of the first instance trial without any specific reason.