The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is unreasonable because the penalty (7 million won of a fine) declared by the court below is too large.

2. The judgment of the defendant committed the crime of this case even though he was in office for a repeated crime due to the violation of the Road Traffic Act, and there are many kinds of violent crimes such as the crime of interference with business in the past and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers Violence, etc.).

However, in full view of the fact that the defendant shows his mistake and reflects, the fact that the taxi article seems to have committed the crime of this case committed in a somewhat contingent and contingent manner, the fact that he did not exercise his direct force against the taxi article, the fact that he did not exercise his direct force against the taxi article, the fact that there is a family member to support, and other reasons for sentencing revealed in the proceedings of the argument of this case, such as the defendant's age, character and behavior, environment, circumstances after the crime, circumstances after the crime, and criminal records, the punishment sentenced by the court below is somewhat inappropriate.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

Article 36 of the Act on the Punishment of Criminal Crimes

Articles 70(1) and 69(2) of the Criminal Act concerning the provisional payment order under Article 334(1) of the Criminal Procedure Act