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.

Summary of Grounds for Appeal

The sentencing of the lower court (hereinafter referred to as a fine of 4 million won) is too unreasonable.

Taking into account all the circumstances indicated in the instant case, such as the fact that the distance from the market operation is relatively short and the primary offender, the fact that the Defendant seems to have neglected to care for his daughter who was currently in the third grade of high school after the divorce, and the fact that the Defendant could not timely pay his official payment, etc., and that it is against the fact that all the circumstances indicated in the instant case are against the foregoing, the sentencing of the lower court is too unreasonable.

Thus, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;