The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

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 (1.5 million won in penalty) is too unreasonable.

2. Before determining the reasoning of the Defendant’s appeal ex officio, the records of this case revealed that the Defendant was sentenced to two years and six months of imprisonment by crime of fraud, etc. at the Incheon District Court on June 8, 2017, and the judgment became final and conclusive on August 18, 2017. The above crime and the crime of the judgment of the court below, which became final and conclusive, shall be sentenced to punishment for the crime of the court below’s decision in consideration of equity in cases where the judgment is concurrently rendered in accordance with the first sentence of Article 39(1) of the Criminal Act, as the crime of the above crime and the crime of the judgment of the court below are concurrent crimes after Article 37 of the Criminal Act. Therefore,

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by this court are all criminal facts of the judgment below, and the judgment of the court below became final and conclusive on August 18, 2017 after having been sentenced to two years and six months of imprisonment at the Incheon District Court on June 8, 2017.

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 of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The reason for sentencing under the proviso of Article 186(1) of the Criminal Procedure Act, which bears the burden of litigation costs, has the record of being punished twice due to driving of the previous drinking in this case.