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. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. The judgment that the defendant committed the crime of this case during the period of probation due to the crime of violating the Road Traffic Act, and that there is a number of records of punishment related to the violation of the Road Traffic Act are disadvantageous to the defendant.

On the other hand, the fact that the defendant's mistake is recognized and is against the defendant, the circumstances are considered in the situation of the defendant's driving, and the reason why the defendant's previous suspension of execution is deemed to be somewhat harsh to the defendant in light of these driving circumstances and the degree of the crime in this case, and it seems that the defendant was detained for about two months as the case in this case, and the defendant's will have an opportunity to reflect, and that the defendant's wife and his family members are leading the defendant while asking for the defendant's wife, it seems that the family relation of the defendant's family is publicly announced is favorable to the defendant.

When comprehensively considering the above circumstances as well as the overall sentencing conditions of Article 51 of the Criminal Act as shown in the records and arguments of this case, the sentence imposed by the court below against the defendant is somewhat unreasonable.

Therefore, the defendant's above assertion is justified.

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, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order