The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

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 is unfair because the punishment (6 million won in penalty) imposed by the defendant is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

According to records, the Defendant was sentenced to one year of imprisonment for a violation of road traffic law at the Ulsan District Court on October 15, 2015, and the judgment became final and conclusive on December 12, 2015.

Therefore, as above, the crime of the judgment of the court below is a concurrent crime under Article 37 of the Criminal Act with a violation of Road Traffic Act (drinking driving) which became final and conclusive in the judgment of the court below, and the punishment shall be determined in consideration of equity with the case to be judged at the same time pursuant to Article 39(1) of the Criminal Act. Therefore, the judgment of the court below

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is again ruled as follows after pleading.

[Re-written judgment] The summary of the facts constituting an offense and evidence admitted by the court is that the first head of the facts constituting an offense as indicated in the judgment below was sentenced to imprisonment with labor for one year due to a violation of road traffic law (driving driving) at the same court as of October 15, 2015.

“Around October 15, 2015, the same court was sentenced to one year to imprisonment for a violation of the Road Traffic Act (drinking driving), etc., and the said judgment became final and conclusive on December 12, 2015.

“A previous conviction in the judgment of the court below” and “a criminal record in the judgment of the court below” shall be corrected at the end of the summary of the evidence as “a criminal history inquiry, investigation report” and “a criminal record inquiry, investigation report (verification of criminal records, etc.)” as “a criminal record inquiry, investigation report (verification of criminal records, etc. in the judgment of the court below). As such, it shall be cited as it is in accordance

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Traffic Act concerning facts constituting a crime (the point of drinking) of the relevant Act;