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 too unreasonable that the lower court’s imprisonment (two months of imprisonment and fine of three hundred thousand won) is too unreasonable.

2. Although the defendant committed a crime with the previous case, the defendant's mistake is recognized, the circumstances leading up to the defendant's living can be considered, and the defendant will not repeat the same mistake in the future, and the defendant's age, character and conduct, and family environment are examined, and the sentence of the court below is too unreasonable.

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.

[Judgment of the court below] The summary of criminal facts and evidence is identical to the corresponding column of the court below's judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act

Application of statutes

1. Relevant Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, and Article 46 (2) 2 and Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987 of Jan. 6, 2005) concerning criminal facts;

1. Optional fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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