The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant prior to the determination of ex officio.

According to evidence duly adopted and examined by the trial court, the defendant was sentenced to the suspension of the execution of six months of imprisonment by the Seoul Eastern District Court on September 4, 2015 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) and the judgment became final and conclusive on September 12, 2015.

Therefore, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) and the crime of violation of the judgment of the court below against the defendant, which became final and conclusive, shall be sentenced to punishment for the crime in consideration of equity in the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, and therefore, the judgment of

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

[Dao-written judgment] The summary of the facts constituting a crime and the evidence admitted by the court below and the summary of the evidence are as follows: "The defendant was sentenced on September 4, 2015 to a two-year suspended sentence of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Offences, Violence, etc.) at the Seoul Eastern District Court on September 4, 2015 and the judgment became final and conclusive September 12, 2015" in the summary of the evidence as stated in the summary of the evidence, except for adding "1.

Application of Statutes

1. Relevant Article of the Criminal Act, Article 136(1) of the Criminal Act, the choice of a fine for the crime, and the selection of a fine for the crime;