The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

1. The sentence of the lower court (a fine of KRW 1,500,000) against the Defendant as to the summary of the grounds for appeal is unreasonable as it is deemed unreasonable.

2. Before the prosecutor’s ex officio assertion of unfair sentencing, the court below ex officio examined the criminal facts as stated in the judgment of the court below, and applied Articles 5-3(1)2 and 268 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148 and 54(1) of the Road Traffic Act (the point of failing to take measures after an accident) to the criminal facts as stated in the judgment of the court below, and sentenced a fine of KRW 1,50,000 to the defendant by discretionary mitigation, after choosing a fine through regular concurrence. Since Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes with a higher statutory penalty, Article 268 of the Criminal Act is imprisonment for not less than one year or a fine of not less than 5,00,000,000 won and not more than 30,000,000 won, the court below erred by a fine of less than 00,000 won, even if the court below, which selected a fine of below, sentenced to a fine of less than 000.

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor’s assertion of unfair sentencing according to the conclusion, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a fine for negligence;