We reverse the judgment of the court below.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is too unreasonable that each punishment (the first instance court: the fine of KRW 5 million, the fine of KRW 1.5 million, and the fine of KRW 1.5 million) imposed on the accused by the original judgment.

2. We examine ex officio the appeal case against the judgment of the court of first and second instances. The appeal case against the judgment of the court of second and second instances were tried together, and the crime of each crime in the judgment of the court of second and second instances is a concurrent crime under the former part of Article 37 of the Criminal Act and should be punished with a single sentence within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot be exempted from all reversal.

3. Accordingly, 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, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each of the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 257 (1) of the Criminal Act, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, Article 43 of the Road Traffic Act, Article 319 (1) of the Criminal Act, Article 314 (1) of the Criminal Act concerning the crime;

2. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes ( mutually between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act).

3. Selection of each alternative fine for punishment;

4. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

7. The defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, led to the confession of each of the crimes in this case.