The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is unreasonable as it excessively imposes a fine of three million won imposed by the court below on the defendant.

2. In light of the contents and methods of the crime of this case, it is recognized that the circumstances unfavorable to the defendant, such as the fact that the crime of this case is not light. Meanwhile, considering the fact that the defendant led to the crime of this case and stated that the defendant was repented in depth, the defendant's wife actively desires, the defendant's attitude is not sufficient to reach 80 years old as a basic living beneficiary, the situation that the defendant would not be subject to re-offending is clearly expected, there is no criminal power after 1983, the defendant used or discontinued his two-wheeled automobile, the fact that the defendant used or discontinued his two-wheeled automobile, and other circumstances that constitute the conditions of the sentencing of this case, such as character and behavior, intelligence and environment, motive, means and consequence of the crime of this case, driving distance, conditions after the crime, family relations, health status, etc., the court below's argument that the defendant's punishment is inappropriate is recognized as being somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the reasoning of the judgment below, and thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 of the Road Traffic Act and Articles 43 of the Road Traffic Act;

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

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55(1)6 of the Criminal Act for discretionary mitigation (i.e., reasonable circumstances).