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. Summary of grounds for appeal;

A. The punishment of the lower court (4 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor tried to examine ex officio prior to the judgment on the grounds for an ex officio appeal, and the record of the facts charged in the trial of the prosecutor was “The defendant was sentenced by the Jeonju District Court on April 18, 2017 to imprisonment with prison labor for a crime of violating road traffic laws (drinking) and appealed for eight months at the

“The Defendant was sentenced by the Jeonju District Court on April 18, 2017 to eight months of imprisonment for a violation of the Road Traffic Act (drinking driving), and the said judgment became final and conclusive on September 4, 2017.

The judgment of the court below against the defendant was not maintained because it changed to "," and the application for changes in the bill of amendment was approved by this court to add "Article 39 (1) of the Criminal Act" to "Article 39 (1) of the Criminal Act," and the subject of the judgment was changed.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

【Grounds for the judgment in its entirety] The criminal facts and summary of evidence against the defendant recognized by the court in charge of the criminal facts and summary of evidence were sentenced to eight months of imprisonment with prison labor for a crime of violating Road Traffic Act at the Jeonju District Court on April 18, 2017, and the judgment on September 4, 2017 became final and conclusive.

Except for the addition of “,” it is identical to each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of fines) concerning facts constituting an offense, and Article 366 of the Criminal Act (the point of damage to property and the selection of fines);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The aggravated Criminal Act for concurrent crimes.