The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. In light of the fact that the Defendant neglected the cargo vehicle owned by him for a relatively long period on the road, the quality of the crime cannot be deemed to be light, but the Defendant did not have the same criminal record, and there is a reply against the mistake, and the economic situation of the Defendant is difficult, and the above cargo vehicle is voluntarily scrapped around July 2013, and other various circumstances, which are the conditions for sentencing as indicated in the instant case, such as the motive and circumstance of the instant crime, the Defendant’s age, character and conduct, and environment, are considered as follows: (a) the sentencing of the lower court seems to be too 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 evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 81 subparagraph 8 of the Motor Vehicle Management Act and Article 26 (1) 2 of the same Act concerning facts constituting an offense;

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

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