The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

According to the records, the Defendant was sentenced to a suspended sentence of 8 months for a special intimidation at the District Court on January 16, 2018, and on January 24, 2018, the facts that the above judgment became final and conclusive on January 24, 2018 can be recognized. The crimes of special intimidation and the crimes of special intimidation for which judgment has become final and conclusive are in the relationship of concurrent crimes after Article 37 of the Criminal Act, and are in the relationship of concurrent crimes at the same time under Article 39(1) of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

[Grounds for the lower court’s judgment] The summary of the facts constituting a crime and the evidence admitted by the lower court and the summary of the evidence are as follows: (a) the Defendant was sentenced to a suspended sentence of eight months for special intimidation at the District Court on January 16, 2018; and (b) on January 24, 2018, the said judgment became final and conclusive.

In addition, “1. Before the judgment: Before the end of the evidence,” the phrase “1. Before the judgment,” except for adding “the search and judgment (the High Court Decision 2017 High Court Decision 4093, the High Court Decision 2017 High Court Decision 4093), is the same as the corresponding column of the judgment of the court below, and thus, it shall be cited as it is in accordance

Application of Statutes

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant had been punished for driving under drinking in 2013.