The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

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 (five million won of a fine) is too unreasonable.

2. Examining the judgment of the court below as to the grounds for appeal by the defendant ex officio prior to the judgment of the court below, the crime of Article 151 of the Road Traffic Act cannot be prosecuted against the victim's express intent pursuant to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the agreement attached to the records of the case, the defendant agreed with Hyundai Construction Co., Ltd. on February 21, 2013 that the violation of the Road Traffic Act due to the destruction of and damage to property by negligence among the facts charged in the case of this case prior to the prosecution of this case, and the fact that the victim is not punished by the defendant can be recognized. Thus, this part of the prosecution shall be dismissed pursuant to Article 327

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which led to the failure of the lower judgment to maintain any further.

3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is so decided as follows.

Criminal facts

The criminal facts against the defendant recognized by this court are identical to the corresponding column of the judgment of the court below except for the following changes in paragraph (1) of the criminal facts of the judgment of the court below, and they are cited as it is in accordance with Article 3

“Around 03:35 on November 29, 2012, the Defendant, including the violation of the Road Traffic Act, driven a Bluxon car from the front of the fluxon road in Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul to the front of the 572-2-2, Goyang-gu, Goyang-gu, Goyang-gu, Goyang-si, without a driver’s license, while under the influence of alcohol 0.120% of the blood alcohol content;

1. The defendant;