The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is too unreasonable that the penalty (5 million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. Before determining the grounds for appeal by the Defendant ex officio, the lower court applied Article 46(2)2 and the main text of Article 8 of the current Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015) to the criminal facts of the instant case. The former Guarantee of Automobile Accident Compensation Act, before being amended by Act No. 11369, Feb. 22, 2012, Article 46(2) provides that “A motor vehicle owner who operated a motor vehicle not covered by mandatory insurance in violation of the main sentence of Article 8, shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding five million won, or a motor vehicle owner who operated a motor vehicle not covered by mandatory insurance in violation of the main sentence of Article 8, has been punished by imprisonment with labor for not more than six months or by a fine not exceeding 26,000 won (amended by Act No. 1296, Jan. 26, 2015).

3. Accordingly, the court below's decision is without examining the defendant's assertion of unfair sentencing, and it is in accordance with Article 364 (2) of the Criminal Procedure Act.