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 main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 3,00,000) is too unhued and unreasonable.

2. On December 1, 2016, according to the records, the defendant was sentenced to a suspended sentence of two months for a crime of violating road traffic law at the Ulsan District Court on December 1, 2016, and the above judgment became final and conclusive on December 9, 2016. Since the crime for which the above judgment became final and conclusive are concurrent crimes with the crime of this case in relation to a group after Article 37 of the Criminal Act, a sentence shall be determined after examining whether to reduce or exempt punishment in consideration of equity in the case where a concurrent judgment is rendered pursuant to Article 39(1) of the Criminal Act, and thus, the judgment of the court below cannot be maintained in this respect.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is ruled as follows through pleading.

[Re-written judgment] The summary of criminal facts and evidence recognized by this court is all criminal facts of the judgment below and the judgment below became final and conclusive on December 9, 2016, after being sentenced to a suspended sentence of two years for a period of imprisonment for a violation of Road Traffic Act at the Ulsan District Court on December 1, 2016.

“A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for adding “1. A previous conviction in the judgment of the court below” at the end of the summary of the evidence, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314 (1) of the Criminal Act and Article 314 of the same Act concerning the crime, the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment set forth under Article 334(1) of the Criminal Procedure Act refers to the convenience store managed by the injured party under the influence of alcohol, and