The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below against the defendant on the summary of the grounds of appeal (the suspension of sentence in the amount of KRW 700,000) is too unhued and unreasonable.

2. The phrase “when the circumstances before the opening of the judgment of the reasons for appeal” refers to the case where the circumstance that the defendant would not be subject to again committing the crime even if the sentence was not imposed in light of the comprehensive consideration of the conditions for sentencing as stipulated in Article 51 of the Criminal Act, including the degree of reflectivity, is clearly expected (see Supreme Court Decision 2001Do6138 delivered on February 20, 2003). The fact that the defendant recognized the damage of property, and the fact that the defendant has no record of the same crime is favorable to the defendant.

However, it is difficult to view that the Defendant was sentenced to a fine for violation of the Road Traffic Act (Seoul Northern District Court Decision 2017Da1545 decided Jun. 25, 2017) on the grounds that he did not receive any accusation from the victims until the time of the trial (the victims expressed their intent to punish the Defendant at an investigative agency), and that there is no circumstance in which the Defendant made efforts to recover from damage. In particular, even though the Defendant committed the instant crime under the influence of alcohol, even though he was under the influence of alcohol, he was found to have driven a brea on June 25, 2017, when he was found to have been under the influence of alcohol and was sentenced to a fine for a violation of the Road Traffic Act (Drink 2017 and 1545 decided May 25, 201).

Therefore, the prosecutor's assertion is justified, since the court below's delay of the sentence to the defendant is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal of this case is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

【Grounds for a new judgment】 Facts constituting an offense and summary of evidence recognized by the court and the summary of evidence are all the facts constituting an offense and the gist of evidence.