The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

1. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below (1.5 million won of fine) is too unreasonable.

2. The judgment of the court below left the site without taking any measure against the Defendant’s shocking day and leaving the site. However, there are some circumstances to consider the Defendant’s above site for health reasons; the Defendant’s perception of the crime of this case reflects the Defendant’s wrongness; the Defendant’s economic situation makes it difficult to cope with a large amount of fine due to the Defendant’s failure to pay the fine; when the Defendant was detained in the workhouse because of his old and highly blood pressure, the Defendant appears to be unable to cope with the old age and illness; and when taking full account of all other circumstances, including the Defendant’s age, character and behavior, living environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the Defendant’s sentence imposed by the court below is somewhat unreasonable; thus, the Defendant’s assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 148 and 54 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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;