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. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.

2. According to the evidence duly adopted and examined by the trial court ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant was sentenced on June 7, 2017 to a crime of violating road traffic law (doning in drinking) at the Suwon District Court Seo-gu District Court on the ground that the judgment became final and conclusive on August 31, 2017. The crime of the crime of the judgment of the court below against the defendant and the above violation of road traffic law (doning in drinking) for which the judgment of the court below became final and conclusive on August 31, 2017 are concurrent crimes under the latter part of Article 37 of the Criminal Act and the crime of violation of road traffic law (doning in drinking) of the judgment of the court below should be sentenced to punishment on the crime of the court below in consideration of equity in the case where the

3. In conclusion, 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 it is again decided as follows after pleading.

[Re-written judgment] The summary of the facts constituting a crime and evidence recognized by the court below and the summary of the evidence are as follows: “The defendant was sentenced to eight months from Jun. 7, 2017 to a violation of road traffic law (driving driving) at the Suwon District Court Seo-gu District Court's Eunpyeong District Court's House on June 7, 2017, and the judgment became final and conclusive on August 31, 2017; and “a summary of evidence” at the end "1. Criminal record: 2 copies of the judgment and the defendant's trial statement at the end: 369 of the Criminal Procedure Act are the same as the corresponding column of the judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. The order of provisional payment;