The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant ex officio, the Defendant was sentenced to 10 months imprisonment with prison labor for a crime of violating the Punishment of Violences, etc. (joint conflict) at the Seoul Central District Court on December 7, 2016, and the fact that the judgment became final and conclusive on April 29, 2017 is recognized. The crime of this case and each of the crimes of this case are concurrent crimes in relation to the crime of violation of the Punishment of Violences, etc. (joint conflict) for which judgment becomes final and conclusive under Article 39(1) of the Criminal Act in consideration of equity with the case at the same time, since the search by the Supreme Court (Seoul Central District Court 2016 High Court 2016 High Court - Seoul Central District Court 2016 High Court - 2016 High Court - Seoul Central District Court 2016 High Court - Seoul Central District Court - Supreme Court 2015).

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

【The part of the judgment that was used again by this court] Criminal facts acknowledged by this court are identical to the corresponding column of the judgment of the court below, except for adding “The defendant was sentenced to ten months of imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act (joint conflict) at the Seoul Central District Court on December 7, 2016, and its judgment became final and conclusive on April 29, 2017,” and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

1. The defendant's oral statement in court;

1. The driver's license ledger;

1. Making teas;

1. A written statement of vehicle operation;

1. Photographs related to the case;

1. Mandatory insurance certificate;

1. Previous convictions: A reply to inquiries, such as criminal history, and the search of the Supreme Court B's case (Seoul Central District Court);