The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal stated that the Defendant did not submit a statement of reasons for appeal within the submission period, and the petition of appeal contains the purport of filing an appeal on the grounds of unfair sentencing. On April 13, 2018, the grounds for appeal by the Defendant did not have a central line at the place where the instant accident occurred. As such, the Defendant argued that the central line was not invaded, misunderstanding of facts or misapprehension of legal principles that the Defendant did not commit a violation of the central line, and

2. Determination

A. The Defendant’s misunderstanding of the facts or misapprehension of the legal doctrine cannot serve as a legitimate ground for appeal as a subsequent assertion to the expiration of the period for submission of the written reason for appeal, and the ex officio examination is without merit

B. In full view of various circumstances, including the following circumstances: (a) the victim suffered injury due to an accident resulting from the Defendant’s central crime of intrusion, which requires approximately 12 weeks of medical treatment and the failure to reach an agreement with the victim; (b) the Defendant’s driver’s vehicle is covered by a comprehensive insurance; (c) the victim’s vehicle was deposited with a certain amount of money with a criminal agreement for the victim; and (d) the victim’s negligence crossing the road without permission without considering surrounding areas caused the occurrence of the accident; and (e) the fault of the victim crossing the road without permission was also the cause of the accident, the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

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

Application of Statutes

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

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