All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) each of the lower courts’ sentences (the first instance court: the fine of KRW 1 million; the second instance court: the fine of KRW 4 million) is too unreasonable.

2. The judgment of the court of first instance and the judgment of the court of second instance against the defendant, each of which was sentenced to and each of which was brought by the defendant, and this court decided to hold concurrent hearings of the above two appeals cases. Since each of the offenses of the first and second appeals against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one of the offenses of the first and second appeals should be sentenced pursuant to Article 38(1) of the Criminal Act, and thus, the judgment of the court of second and second appeals cannot be maintained as they are.

3. Accordingly, 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 of sentencing, and it is again decided as follows.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 111 subparagraph 1 of the Building Act and Article 20 (3) of the same Act concerning the facts constituting a crime; Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the facts constituting a crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of a fine for a crime that violates the traffic laws at the option of punishment;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [to the extent that the amount of concurrent crimes for the punishment imposed on a crime of violating the Building Act with heavier punishment (the above two crimes shall be added up)]: Provided, That the lower limit shall be determined by the punishment determined for the crime of violating the Road Traffic Act (driving).