The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unfasible and unfair.

2. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment.

The court below decided to impose a fine of KRW 7 million on the defendant for the crime of violation of the Road Traffic Act (the punishment on the crime of violation of the Road Traffic Act and the crime of violation of the Road Traffic Act (the punishment on the crime of violation of the Road Traffic Act) and the crime of violation of the Road Traffic Act (the punishment on the crime of violation of the same Act) according to the ordinary concurrence of crimes, and sentenced the defendant to a fine of KRW 7 million. However, the statutory penalty of Articles 148-2 (2) 2 and 44 (1) applicable to the crime of violation of the Road Traffic Act is a fine of KRW 3 million and KRW 5 million, and the scope of the punishment is also the same.

The judgment of the court below is erroneous in the misapprehension of law that affected the conclusion of the judgment by imposing a sentence exceeding the scope of the punishment imposed on the defendant, and thus the judgment of the court below is no longer maintained.

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

[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 the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment imposed on each of the above crimes, and the punishment imposed on any violation of the Road Traffic Act, the punishment of which is heavier);

1. Selection of an alternative fine for punishment;

1. Article 70 of the Criminal Act to attract a workhouse.