The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of 4 million won) imposed by the lower court on the Defendant is too uneased and unreasonable.

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

The court below decided to impose a fine of KRW 4 million on the defendant for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and the violation of the Road Traffic Act, and sentenced to a fine of KRW 4 million for the defendant for concurrent crimes provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes (Death

However, since the lower limit of the fine for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes is five million won or more, the lower court should have reduced the lower limit in accordance with the requirements stipulated by the Act in order to sentence the defendant.

Nevertheless, the court below omitted this and sentenced a sentence beyond the scope of the applicable sentences in law, so the judgment of the court below was no longer maintained.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows after oral argument.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of fines for the crime;

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

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.