The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

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 (three months of imprisonment) is too unreasonable.

2. The Defendant was sentenced to suspended sentence due to a crime of violating the Road Traffic Act (drinking driving), and committed the instant crime only one month. Moreover, the Defendant has already been convicted of the same kind of criminal records on several occasions.

This is disadvantageous to the defendant.

However, the defendant recognized the crime of this case and is against the law.

In a somewhat inevitable situation, the Defendant appears to have caused the instant crime for the purpose of life, and there are circumstances to consider the circumstances.

In the past when the defendant was in a serious trial, he/she is taking measures to prevent recurrence by disposing of the vehicle of this case, and he/she seems to have suffered approximately two months of detention and had the time of reflection.

This is the circumstances favorable to the defendant.

Considering such circumstances as the Defendant’s age, sex, family relationship, family environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable since it is deemed that the sentence imposed by the Defendant is too unreasonable. Thus, the above argument is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are examined in the judgment on the unjust argument.