The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (two years of suspended sentence for six months of imprisonment and forty hours of compliance driving) that the court below pronounced is too unreasonable.

2. The fact that the Defendant committed the instant crime again despite the past record of criminal punishment due to the same kind of crime, etc. on several occasions is disadvantageous to the sentencing.

However, in full view of the following circumstances: (a) the Defendant led to the confession and reflect of the instant crime; (b) the first prosecutor requested the Defendant to issue a summary order to a fine of KRW 3 million for the instant case; (c) there was no record of criminal punishment exceeding the fine imposed on the Defendant; and (d) other circumstances that form the conditions of sentencing indicated in the record, such as the Defendant’s age, character and conduct, environment, occupation, circumstance and details leading to the instant crime; and (e) circumstances after the commission of the crime, the sentence of the lower

Therefore, the defendant's argument is justified.

3. In conclusion, 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.

Criminal facts

The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of an alternative fine for punishment;

1. The grounds for the reversal of the reasons for sentencing of Articles 70 and 69(2) of the Criminal Act are as shown in the reversal of the above.