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 decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. The Defendant was sentenced to a suspended sentence due to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination) and committed the instant crime only in the third month. In addition, the Defendant had a criminal record of the same kind on several occasions.

This is disadvantageous to the defendant.

However, the defendant recognized the crime of this case and is against the law.

The Defendant appears to have caused the instant crime to be committed for the defective occupation, in which the salesperson could not cause traffic accidents while operating on the street, and the circumstances may be taken into account.

In the past, the defendant scrapped the vehicle of this case for the first time, thereby preventing recurrence, and the defendant seems to have been in the time of reflectivity while living for approximately two months of detention.

This is the circumstances favorable to the defendant.

Considering such circumstances as the Defendant’s age, sex, family relationship, family environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable since it is deemed that the sentence imposed by the Defendant is too unreasonable. Thus, the above argument is reasonable.

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, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

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

1. The order of provisional payment;