The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 9,000,000.

The defendant does not pay the above fine.

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state where the Defendant, by taking advantage of the right and wrong, lost the ability to discern things or make decisions, and even if not, the Defendant had weak the above ability at the time.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 9 million) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to the records, after the defendant was sentenced to six months of imprisonment and a fine of one million won in the court due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents on August 22, 2017, the defendant dismissed the appeal filed by the defendant and the prosecutor on the part of the crime which was sentenced to imprisonment with prison labor as a fine of five million won in the appellate court based on the appeal filed by the defendant and the prosecutor, respectively, and the judgment became final and conclusive on December 28, 2017.

Therefore, since the crime of the judgment of the court below is a crime committed prior to the day when the above judgment becomes final and conclusive, the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc., which became final and conclusive as stated in the judgment of the court below, is in the relation of concurrent crimes after Article 37 of the Criminal Act, and in accordance with Article 39 (1) of the Criminal Act, a punishment shall be imposed on the crime of the court below in consideration of equity between the crime of the court below and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury)

However, despite the existence of the above reasons for reversal ex officio, the defendant's assertion of misunderstanding the legal principles still is subject to the judgment of this court, so it is judged below.

3. In light of all the circumstances, such as the Defendant’s attitude of committing the instant crime at the time of committing the instant crime, the specific contents of the crime, and the circumstances before and after the instant crime, the Defendant was physically and mentally deprived or physically weak at the time of committing the instant crime.

(b) do not appear.