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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 1 million.
Reasons
The Defendants asserted that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.
In full view of all the sentencing conditions and the defendants in the records and arguments of this case, each sentence of the court below against the defendants is too unreasonable.
Therefore, since the defendants' appeal is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again.
Criminal facts
The summary of the evidence and the criminal facts of the Defendants recognized by this court and the summary of the evidence are as stated in each 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. A of the relevant criminal facts: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 151 (1) of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act for the commercial concurrence (defendant A);
1. Selection of each alternative fine for punishment;
1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;