The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In addition, as the first head of the crime of the lower judgment, the Defendant was sentenced to a suspended sentence of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, and the quality of the instant crime is very poor within the grace period.

However, in full view of the following circumstances: (a) the defendant recognized the crime of this case; (b) the defendant has been detained for a certain period of time and is in violation of depth; (c) the defendant has no record of criminal punishment if the defendant is excluded from the above criminal records; and (d) the defendant has children to be supported; and and (e) other various circumstances that are conditions for sentencing specified in this case, including the defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, the sentence imposed by the court below is somewhat unreasonable, and thus, the defendant and his defense counsel’

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

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

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 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 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;