The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

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

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the following matters shall be examined ex officio:

According to records and facts in this court, the defendant, at the Changwon District Court on August 13, 2013, after the sentence of the judgment of the court below, sentenced one year of suspension of the execution of imprisonment for the crime of violation of the Road Traffic Act and the crime of violation of the Road Traffic Act (non-licenseed driving) on August 21, 2013. The above judgment became final and conclusive on August 21, 2013. The above crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act (non-licenseed driving) in this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the above crimes are concurrent crimes under the latter part of Article 39(1) of the Criminal Act, and the sentence should be imposed on the crime of violation of the Road Traffic Act (non-compliance with the measurement of noise level) in consideration of equity and equity. Thus, the judgment of the court below

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 assertion of unfair sentencing, and the judgment below is reversed and it is decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: "The defendant was sentenced to one year of suspension of execution on August 21, 2013 at the Changwon District Court on August 13, 2013 due to road traffic violations (driving) and road traffic violations (driving without Driver's License) at the Changwon District Court on August 13, 2013 and its judgment became final and conclusive on August 21, 2013." The summary of the evidence is as stated in the corresponding column of the judgment of the court, except for adding "1. previous conviction: Defendant's trial statement at the court of first instance, and significant facts to this court" at the last page of the facts charged in the judgment of the court below. Thus, it is acceptable

Application of Statutes

1. Relevant Article of the Act and the Road Traffic Act concerning the crime;