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 main point of the grounds for appeal is that the sentence (five million won penalty) imposed by the court below on the defendant is too unreasonable.

2. According to ex officio records, the Defendant was sentenced to eight months of imprisonment with prison labor by obstructing the performance of special duties at the Daejeon District Court on June 21, 2017, and the above judgment became final and conclusive on August 16, 2017, and the Defendant committed the instant crime, which was found guilty by the lower judgment prior to the final and conclusive judgment.

As above, in the crime for which judgment became final and the instant crime are concurrent crimes after Article 37 of the Criminal Act, a punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act.

Therefore, the judgment of the court below which did not consider it is impossible to maintain it as it is.

3. 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 of the court below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts constituting a crime and the evidence admitted by this court is as follows: “The Defendant was sentenced to eight months of imprisonment with prison labor by obstructing the performance of special official duties at the Daejeon District Court on June 21, 2017, and the judgment became final and conclusive on August 16, 2017,” and “the text of Daejeon District Court Decision 2017No903 Decided January 1, 201” was added to the column in which the evidence is essential.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of a fine for negligence;