The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

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 (the fine of nine million won) is too unreasonable.

2. The judgment of the Defendant, with the history of having been punished several times, committed the instant crime, and did not take necessary measures to cause an accident causing a shock of the victim’s vehicle while driving back, and the nature of the crime is heavy.

However, the defendant's mistake in the crime of this case is divided in depth and does not repeat again.

The degree of damage suffered by the victim is relatively minor due to an injury, such as a salt pane, tension, etc., which requires medical treatment for about three weeks.

Defendant’s vehicles are insured by the mutual aid association and agreed with the victim.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence imposed by the court below is unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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