The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The sentence (700,000 won) that the court below rendered by the summary of the grounds for appeal is too unreasonable.

2. Before the judgment on the grounds for appeal by the defendant ex officio, the defendant's statement made at the court of first instance was examined. On August 24, 2017, the defendant was sentenced to imprisonment without prison labor for a period of one year, which was sentenced to a suspension of execution for a period of four months at the Busan District Court on the grounds of a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the judgment became final and conclusive on September 1, 2017. As above, the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the crime of this case, which became final and conclusive, are concurrent crimes under Article 37 of the Criminal Act, and the punishment for the crime of this case is set at the same time in consideration of the case and equity under Article 39 (1) of the Criminal

3. Therefore, 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 of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows. The first head of the judgment of the court below was sentenced on August 24, 2017 to imprisonment without prison labor for not less than four months and the judgment became final and conclusive on September 1, 2017 due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Busan District Court.

“A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for adding “a prior conviction in the judgment of the court below” in the space where the evidence is used. As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

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

1. The order of provisional payment;