The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to 6 months and fines of up to 100,000) of the lower court against the Defendant is too unreasonable.

2. The fact that the defendant again committed the instant crime even though he/she had been sentenced to a fine several times for the same crime is disadvantageous to the defendant.

However, in full view of the following factors: (a) the Defendant led to the instant crime; (b) the Defendant was detained on March 13, 2015; and (c) the Defendant was committed against his wrong during a prison period of about four months; (b) the Defendant again failed to repeat the same crime; (c) when detention is prolonged, the Defendant is considered to have difficulty in living; and (d) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means, consequence, and circumstance before and after the instant crime, etc., the sentence imposed by the lower court is deemed to be somewhat unreasonable, and thus, the Defendant’s assertion is reasonable.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 46 (2) 2, the main sentence of Article 8 of the Automobile Accident Compensation Act, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act [the Road Traffic Act (the crime of refusing to measure and the crime of violating the Guarantee of Automobile Accident Compensation Act are heavier).