The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall be imposed on the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (700,000 won in penalty) is too unhued and unreasonable.

2. We examine ex officio the grounds for appeal by the prosecutor ex officio.

According to the records, on May 18, 2017, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Incheon District Court’s Branch Branch, etc., and on May 26, 2017, it can be recognized that the judgment became final and conclusive on May 26, 2017. The crime of injury in this case is in the concurrent relation between the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) for which judgment became final and conclusive, and the latter part of Article 37 of the Criminal Act, and the judgment of the court below

Therefore, among the judgment below, the guilty portion cannot be maintained as it is.

3. The guilty part of the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the guilty part of the judgment of the court below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows. The first head of the judgment of the court below was sentenced to a suspended sentence of 2 years in October due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) in the Incheon District Court's Vice Branch on May 18, 2017, and the judgment was finalized on May 26, 2017.

“1. A previous conviction in the judgment of the court below” is added to “1. Pursuant to Article 369 of the Criminal Procedure Act, except for the addition of “1. A final conviction in the judgment of the court below: A final date inquiry (2016 High Court Branch of the Incheon District Court 2016 High Court 648, High Court 2016 High Court 648, High Court 2016 High Court 6488”) and the corresponding columns of the judgment of the court below are the same as that

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Attraction of a workhouse;