All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal (the first instance court: the fine of KRW 3 million, the second instance court: the fine of KRW 2 million) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the first, and second court rendered a judgment after completing a separate hearing against the defendant respectively, and the defendant filed an appeal against both the first and second court's judgment, and the court decided to hold a concurrent hearing of each of the above appeals cases. Each of the offenses recognized by the first and second court's judgment against the defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed in accordance with Article 38 (1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument for sentencing, and the following is again decided after oral argument.

[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 and second judgment, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 81 Subparag. 2 of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015); Article 12(1) of the same Act (amended by Act No. 13686, Dec. 29, 2015); Article 46(2)2 of the Guarantee of Compensation for Motor Vehicles; the main sentence of Article 8 of the Guarantee of Compensation for Motor Vehicles Act; and the selection of fines, respectively.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Criminal Procedure Act, in light of the content and result of the instant crime, the circumstances leading to the crime, and the circumstances after the crime, etc.