The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,500,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 3.5 million) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The lower court applied the main text of Article 46(2)2 and Article 8 of the Guarantee of Automobile Compensation Act to the crime (the violation of the Guarantee of Automobile Compensation around September 11, 2014) under Article 46(3) of the judgment below.

However, Article 46(2)2 of the current Guarantee of Automobile Compensation Act (amended by Act No. 12987, Jan. 6, 2015; hereinafter “former Guarantee of Automobile Compensation”) provides that the current Guarantee of Automobile Compensation Act (amended by Act No. 12987, Jan. 6, 2015; hereinafter “former Guarantee of Automobile Compensation”) shall apply to the above criminal facts of the Defendant who committed prior to the enforcement of the current Guarantee of Automobile Compensation Act, and Article 46(2)2 of the former Guarantee of Automobile Compensation Act (amended by Act No. 12987, Jan. 6, 2015; hereinafter “former Guarantee of Automobile Compensation”).

In this respect, the judgment of the court below can no longer be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

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

Application of Statutes

1. Article 3(1) of the relevant Act on Special Cases Concerning the Settlement of Traffic Accidents (amended by Act No. 12987, Jan. 6, 2015); Article 268 of the Criminal Act; Article 151 of the Road Traffic Act (amended by Act No. 12987, Jan. 6, 2015); and Article 46(2) of the former Guarantee of Compensation for Automobile Damages (amended by Act No. 12987, Jan. 6, 2015).