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 lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering the fact that the defendant committed the instant crime again during the period of probation even though he/she had a previous conviction in the same kind, strict punishment against the defendant is necessary.

However, considering the Defendant’s age, sex and environment, motive, means and consequence of the crime, etc. as well as the conditions of sentencing specified in the instant pleadings, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the lower court’s punishment is too unreasonable, and thus, the above assertion by the Defendant is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

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