The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

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. In full view of the following circumstances: (a) the Defendant led to the confession of the instant crime; (b) there are no criminal records of the same kind and suspension of qualification or more; (c) the damage caused by an accident is relatively minor; (d) the vehicle is covered by a comprehensive motor vehicle insurance and the victim has agreed smoothly with the victim; and (e) the Defendant is in an economically difficult situation; and (d) other circumstances that are conditions for sentencing and sentencing specified in the arguments and records, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, the Defendant’s punishment imposed by the lower court is somewhat 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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving sound and the choice of fines);

1. From among concurrent crimes, Article 37 (former part), Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the maximum amount of two crimes above the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment, to the concurrent crimes);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act ( normal consideration in favor of the defendant in the previous case);

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

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