The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one million won in penalty) is too unreasonable.

2. Before determining the grounds for appeal, the lower court ex officio examined the reasoning for appeal, and applied Articles 46(2)2 and 8 of the Guarantee of Automobile Compensation Act to the facts constituting an offense as indicated in the lower judgment.

However, Article 46 (2) 2 of the current Guarantee of Automobile Compensation Act (amended by Act No. 12987, Jan. 6, 2015; hereinafter “former Act”) is amended and enforced on the same day by Act No. 12987, Jan. 6, 2015. Thus, the current Act cannot be applied to the above criminal facts committed by the Defendant prior to the enforcement of the current Act, and Article 46 (2) 2 of the former Guarantee of Automobile Compensation Act (amended by Act No. 12987, Jan. 6, 2015; hereinafter “former Act”).

In this respect, the judgment of the court below cannot be maintained.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is again ruled as follows through pleading.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 46 (2) 2 of the relevant Act and the main sentence of Article 8 of the former Guarantee of Compensation for Automobile Damages (amended by Act No. 12987, Jan. 6, 2015) for the crime-related facts, as well as the former Guarantee of Compensation for Damages of Motor Vehicles (amended by Act No. 12987, Jan. 6

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

1. It is advantageous to the fact that the defendant has no criminal record for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act.

On the other hand, the defendant.