The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15 million.

The above fine shall not be paid by the defendant.

The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, the community service for 120 hours and the lecture of compliance driving) is too unreasonable. However, prior to the judgment on the grounds for appeal, it is examined ex officio.

The Defendant’s crime of violating the Road Traffic Act is a crime falling under Article 148-2(1)1 of the Road Traffic Act, and the statutory penalty is imprisonment with prison labor for not less than one year but not more than three years, or a fine not less than five million won but not more than ten million won. Thus, in order to sentence the Defendant to imprisonment with prison labor for less than one year, it shall be subject to statutory mitigation or reduction. This is also true when the Defendant, the maximum statutory penalty of which is higher, is aggravated for concurrent crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes of this case by the Defendant with a higher maximum statutory penalty.

In this regard, the lower court sentenced the Defendant to a punishment that deviates from the scope of the applicable sentences by sentencing the Defendant for eight months without statutory mitigation or reduction of the amount of punishment, and thus, the lower judgment cannot be maintained any more in this respect.

Therefore, the judgment of the court below shall be reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading as follows.

Criminal facts

The summary of the judgment of the court below and the summary of evidence is as follows: (a) except for the case in which "victim H (W)" is heighted as "victim H (W, 28 years of age)" as "victim H (W, 17 years of age)" as stated in the corresponding column of the judgment of the court below, and therefore, (b) as it is in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. The driving of a motor vehicle causing bodily harm to the driving of a motor vehicle under each Article of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

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

1. Selection of each selective fine for punishment (the injury suffered by the victims of the instant accident is not much severe, and the Defendant agreed with the victims after the instant crime.