The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds for appeal (one million won of fine) is too unreasonable.

2. The fact that the judged defendant can have the same record of fine, and that the criminal record of the same kind is disadvantageous to the defendant, or that the defendant both recognized and reflected the defendant's mistake, is favorable to the defendant.

In full view of these circumstances, Defendant’s age, character and conduct, intelligence and environment, relationship with victim, motive for and means of crime, degree of damage of victim vehicle, etc., and the conditions of sentencing as shown in the records and arguments, such as circumstances after the crime, etc., the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with 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 as stated in each corresponding column 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. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Prior to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions as set forth in the above order shall be determined by comprehensively taking account of the following factors.