The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

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 is too unreasonable. The punishment (1.5 million won penalty) imposed by the defendant is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the court below notified ex officio that the defendant deemed the confession of the facts charged in this case and decided to judge by a simplified trial procedure. After completing the examination of evidence in accordance with the method prescribed in Article 297-2 of the Criminal Procedure Act, the evidence presented in the court below pursuant to Article 318-3 of the same Act is admissible, and found guilty of the facts charged in this case by comprehensively taking into account such evidence.

According to the records, the defendant and the defense counsel of the court below made a statement to the effect that all of the facts charged of this case are recognized on the first trial date of the court below. However, the defendant committed the crime of this case in a state that is not a spirit due to personnel uncertainty.

“The defense counsel of the court below stated to the effect that “ at the first trial date of the court below, the defendant did not memory because he had a large amount of alcohol at that time.”

section 3.

In light of the above facts, there is sufficient room to deem that the defendant at least asserts the reason for excluding the responsibility for mental and physical loss (see Supreme Court Decision 2004Do2116, Jul. 9, 2004). Accordingly, this case cannot be deemed as a case where the defendant made a confession of all the facts charged in this case in the courtroom, and thus, it constitutes a case where it cannot be tried by a simple procedure of trial. Accordingly, the judgment of the court below following the simple procedure of trial cannot be exempted from reversal.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

b) the evidence;