The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The court below sentenced the defendant to a fine of KRW 4,00,000. The summary of the grounds for appeal by the defendant is too harsh in light of the defendant's economic condition, and the summary of the grounds for appeal by the prosecutor is so unreasonable that the defendant's punishment is too harsh.

2. We examine ex officio prior to the judgment on the assertion of unfair sentencing.

Of the facts charged in this case, the violation of the Road Traffic Act due to the damage of property caused by occupational negligence is a crime falling under Article 151 of the Road Traffic Act, and such a crime cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act on

According to the records, C, the owner of a cruise car among the victims, expressed his/her intention not to punish the defendant on March 11, 2013, and on February 28, 2013, E, the owner of Grandroth, who is the owner of the cruise car, expressed his/her intention not to punish the defendant, and it can be recognized that the above agreement was submitted to the court below on March 12, 2013. Thus, it is reasonable to view that the above victims expressed their intention not to have the defendant punished prior to the pronouncement of the judgment below. Thus, the court below's judgment should dismiss the prosecution as to the violation of the Road Traffic Act due to the damage of occupational property among the facts charged in the instant case pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, but it is erroneous in the misapprehension of legal principles as to the punishment not to punish the defendant.

3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as follows: "The facts charged in the judgment of the court below 3 4 to 6 - and the above cruise car was repaired 11.