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 summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) that the court below sentenced against the defendant is too unreasonable.

2. Although there are several kinds of records that have been punished for the same crime against the defendant, the defendant committed the crime of this case without being aware of it during the period of probation, and the defendant caused contact accident due to the crime of this case, there are unfavorable circumstances such as recognizing the crime of this case and having an opportunity to reflect it through the life of detention for a considerable period of time, and making the defendant effective the previous suspended sentence (three years of suspended sentence in January and June) by sentence of imprisonment with prison labor for the defendant is too harsh compared to the degree of the crime of this case, and taking into account the motive and background leading up to the crime of this case, the situation after the crime of this case, the age, character and conduct of the defendant, and other various sentencing conditions as shown in the records, it is deemed unfair that the sentence 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 evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, and therefore they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;