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We reverse the judgment of the court below.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal is too unreasonable that each of the original judgments (the first instance judgment: the fine of KRW 1.5 million; the fine of KRW 1 million; the fine of KRW 3: the fine of KRW 1 million; the fine of KRW 1 million; and the fine of KRW 4: the fine of KRW 500,000) is too unreasonable.
2. The judgment of the court below against the defendant in the judgment of ex officio was rendered and the defendant filed an appeal against the judgment of the court below. The court decided to hold concurrent hearings of each of the above appeal cases. Each of the crimes of the first and fourth decision of the court below against the defendant in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act, which are subject to one punishment pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below in the first and fourth cases cannot be maintained as they are.
3. In conclusion, the judgment of the court below Nos. 1 through 4 is reversed, and the judgment of the court below is reversed in entirety pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on the above unfair sentencing by the defendant.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as stated in each corresponding column of the first or fourth judgment, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 46 (2) and the main sentence of Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Compensation Act (amended by Act No. 11369, Feb. 22, 2012; 1) of the former Guarantee of Automobile Compensation (amended by Act No. 11369, Jan. 6, 2015; 2000) as to the facts constituting an offense and Articles 46 (2) 2 and 8 of the former Guarantee of Automobile Compensation Act (amended by Act No. 12987, Jan. 6, 2015; 46 (2) 2 and the main sentence of Article 8 of the former Guarantee of Automobile Compensation Act (amended by Act No. 12987, Jan. 6, 2015).