The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. Summary of the grounds for appeal (the sentence of the court below: a fine of five million won);

2. The instant crime was committed on the ground that the victim did not yield the change of the lane, and thus, was so-called retaliationed on the part of the victim driving vehicles. In light of such circumstances as not only the driver of the other vehicle or the passenger, but also the life and body of the surrounding vehicle or the pedestrian, which may cause a big risk to the life and body of the other party driver or the passenger, and the fact that the vehicle was not used by the victim and was not recovered from the damage, the Defendant need to be punished strictly.

However, in full view of the favorable circumstances such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, the sentence of the court below is unreasonable, considering the following factors: (a) the defendant's perception of the crime and reflects the mistake; (b) the defendant has no other criminal records except for the punishment imposed once for the crime of injury in 2013; (c) the time when the defendant threatened the victim due to an rapid control, etc.; and (d) the defendant has a dependents; and (e) other factors for the sentencing in this case, such as the defendant's age

Therefore, the defendant's assertion of unfair sentencing is justified.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act prior to the sentencing of the provisional payment order shall be determined as ordered in consideration of the various sentencing grounds.