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 summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (an imprisonment of three months and a fine of two hundred thousand won) is too unreasonable.

2. The Defendant, in 2013 and 2017, had the record of criminal punishment due to driving of alcohol, driving without a license, etc., and committed the instant crime during the suspension period.

This is disadvantageous to the defendant.

However, the defendant reflects his mistake in depth, and takes measures to prevent recurrence, such as transferring the vehicle to relatives.

The physical damage caused by the accident of this case was dealt with by the insurance that the defendant subscribed to.

In the instant case, three months of imprisonment with prison labor sentenced by the court below, and two months have been detained so far, and thus, the purpose of criminal punishment for the instant crime has been achieved to some extent.

On the other hand, the judgment of the previous suspension of execution becomes null and void, and the defendant is excessively harsh.

This is the circumstances favorable to the defendant.

Considering such circumstances as the Defendant’s age, sex, family relationship, family environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable since it is deemed that the sentence imposed by the Defendant is too unreasonable. Thus, the above argument is reasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following decision is rendered after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 subparagraph 1 of the Road Traffic Act concerning the crime and Article 152 of the same Act concerning selective punishment;