The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won penalty) is too unreasonable.

2. Ex officio determination (the latter part of Article 37 of the Criminal Act) (the latter part of the Criminal Act) is recognized on May 25, 2017 that the Defendant was sentenced to imprisonment for not less than eight months for a violation of the Road Traffic Act at the Gwangju District Court on September 4, 2017, and the judgment became final and conclusive.

The crime of this case and the crime of violation of the Road Traffic Act on which judgment became final and conclusive shall be sentenced in consideration of equity with the case where a judgment is to be rendered simultaneously in accordance with the main sentence of Article 39(1) of the Criminal Act in relation to concurrent crimes after Article 37 of the Criminal Act.

In this regard, the judgment of the court below cannot be maintained as it is.

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 improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and the evidence admitted by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, except for addition or modification of the following contents. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

The judgment below

Criminal facts

The judgment on September 4, 2017, which was rendered by the Gwangju District Court on May 25, 2017, was final and conclusive on September 4, 2017.

“” shall be added.

The judgment below

Summary of Evidence

In the last part, “1.Before the ruling: the submission of outstanding facts and reference materials to this court shall be added.”

Application of Statutes

1. Article 266 of the Criminal Act applicable to the crime, Article 266 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, recognizes the instant crime.