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 decision of the court below on the summary of the grounds for appeal (7 million won of a fine) is too unreasonable.

2. Before determining the grounds for appeal by the prosecutor of the judgment, the records show that the Defendant was sentenced to 10 months of imprisonment with prison labor on September 4, 2013 at the Incheon District Court on the grounds of the violation of the Act on the Control of Narcotics, Etc., but appealed on October 31, 2013, but the Defendant appealed on the dismissal of the appeal on October 31, 2013. Although the Defendant appealed, the Defendant’s appeal was dismissed on December 20, 2013, and the above judgment became final and conclusive at that time. As such, the crime for which the judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of this case is determined by the sentence after examining whether to reduce or exempt the sentence, taking into account equity and equity pursuant to Article 39(1) of the Criminal Act. As such, the judgment below

3. Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) adding "the defendant is a person who was sentenced to ten months of imprisonment by the Incheon District Court on September 4, 2013 due to the violation of the Act on the Control of Narcotics, Etc. (fence), and on December 20, 2013" to the summary of the evidence; and (b) adding "1. A confirmation prior to disposal (fence of criminal and investigation records)" to the summary of the evidence, it is identical to the corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of sound driving), and Articles 148 and 54 of the same Act;