The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. According to the records of this case’s judgment ex officio, the Defendant was sentenced to a suspended sentence of two years for larceny, etc. at the Changwon District Court on December 21, 2012, and the said judgment became final and conclusive on December 29, 2012. As such, the crime of larceny, etc. for which judgment became final and conclusive is related to the latter concurrent crimes under Article 37(1) of the Criminal Act, with regard to the latter concurrent crimes under the latter part of Article 39(1) of the Criminal Act, and the punishment is determined after considering equity and considering whether to reduce or exempt the sentence. As such, the lower judgment was no longer maintained.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: "The defendant was sentenced to two years of suspension of execution on December 21, 2012 by larceny, etc. at the Changwon District Court, which became final and conclusive on December 29, 2012" in the first head of the judgment of the court below, and except for addition of "1. Supreme Court Decision: Court Decision 2000Do369 delivered on December 21, 2012" in the summary of the evidence, since it is identical to each corresponding column of the judgment of the court below, except for addition of "the court ruling and the case agreement assistant council"

Application of Statutes

1. Article 3 (1), Article 3 (2) (proviso) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts, Article 268 of the Criminal Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes [the crimes of violation of the Road Traffic Act (unlicensed Operation) and the violation of the Road Traffic Act (the crimes of sound driving) shall be added.