The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

The Defendant appealed on the ground that the lower court’s punishment (an amount of KRW 3 million) was too excessive and unfair.

Ex officio, the statutory penalty of this case is 5 million won to 30 million won in the case of a fine (the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and 3 million to 5 million won in the case of a fine (the crime of violating the Road Traffic Act). Thus, the scope of the punishment aggravated for concurrent crimes is 5 million won to 35 million won.

The judgment of the court below is unlawful to sentence a fine of KRW 3 million without any legal mitigation or reduction of a small amount under any Act, and the judgment of the court below cannot be maintained as it is.

Since the judgment of the court below is reversed ex officio, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is again ruled as follows.

Criminal facts

The summary of the judgment of the court below is as shown in the corresponding column.

Application of Statutes

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing harm to the driving of danger), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines;

1. The punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the aggravated punishment for concurrent crimes resulting from the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated, and the maximum amount of the punishment provided for each crime shall be aggregated);

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

1. There are many kinds of favorable or unfavorable measures against the defendant, such as the fact that alcohol content is higher than 0.162% in blood for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and the injury to the other party is inflicted upon the other party due to the contact accident, that the defendant has no same power, recognized and reflected without any erroneous power, and that the distance driven as a means of parking the vehicle is short and the distance of injury is insignificant.