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. Summary of grounds for appeal;

A. In the case of this case, the court below erred by misapprehending the legal principles and thereby affecting the conclusion of the judgment, although there is no room to apply Articles 148 and 54(1) of the Road Traffic Act, since the defendant escaped after destroying the parked vehicle.

B. The lower court’s punishment on the Defendant of unreasonable sentencing (the first instance judgment: the fine of KRW 4 million, and the second instance judgment: the fine of KRW 1 million) is too unreasonable.

2. Determination

A. The judgment of the court below in the first and second instances was rendered to the defendant for ex officio judgment, and the defendant filed an appeal as above against each of the above judgments, and the court decided to hold the above two appeals together for a new trial.

The first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and thus a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

Therefore, the court below's judgment Nos. 1 and 2 is reversed ex officio.

However, despite the above reasons for ex officio destruction, the defendant's assertion of misapprehension of legal principles as to the judgment of the court of first instance is still subject to the judgment of the court of original instance.

B. In full view of the language and intent of Article 54(1), Article 148, and Article 156(10) of the Road Traffic Act as amended by Act No. 14356, Dec. 2, 2016; and the relationship between Article 148 of the Road Traffic Act and Article 156 subparag. 10 of the Road Traffic Act, where “an obvious damage to only a motor vehicle parked or stopped” was caused by the destruction of a motor vehicle, a person who did not provide personal information to a victim pursuant to Article 54(1)2 of the Road Traffic Act is excluded from the scope of Article 148 of the Road Traffic Act; only Article 156 subparag. 10 of the Road Traffic Act applies to a person who did not take other measures at the time of the occurrence of a traffic accident under Article 54(1) of the Road Traffic Act.