The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. On the grounds of the Defendant’s assertion of unfair sentencing, the following circumstances are unfavorable: (a) the Defendant was punished by a fine of KRW 7 million due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Vehicle) in 2007, a violation of the Road Traffic Act in 2008, a fine of KRW 7 million due to a violation of the Road Traffic Act in 2010, a fine of KRW 3 million due to a violation of the Road Traffic Act in 2010, and a violation of the Road Traffic Act in 2013; (b) the Defendant was punished by a fine of KRW 3 million due to a violation of the Road Traffic Act in 2013; (c) the Defendant committed the instant crime during the suspension period of execution; (d) the Defendant recognized the Defendant as committing the instant crime; and (e) the Defendant appears to have tried to faithfully implement the matters accompanied by the suspension of execution except for the instant crime during the suspension of execution period; and (e) the Defendant’s favorable circumstances such as the Defendant’s age, character and behavior, family environment, and circumstances before and after the instant crime.

2. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

1. Articles 70 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;