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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. Determination
A. The defendant led to confession of the crime of this case and repent of his mistake, and the defendant will not repeat the crime of this case.
The reason why the suspended sentence is invalidated is that there is a reason that the suspended sentence will be considered in favor of the defendant when the sentence is sentenced and finalized due to this case.
B. However, in 2011, the Defendant was sentenced to a fine for a violation of the Road Traffic Act (unlicensed Driving), and in 2014, was sentenced to 6 months of imprisonment due to a violation of the Road Traffic Act (unlicensed Driving) and 2 years of suspension of the execution, despite the fact that the Defendant committed the instant crime (in spite of the fact that she was sentenced to criminal punishment due to drinking, she also reached 3 times of suspension of the execution). On September 17, 2015, immediately before the judgment of the court below was issued, the Defendant again driving of the instant C C C C C C, without a driver’s license, and is currently under trial, and other circumstances, such as the Defendant’s age, sex and environment, the background and result of the instant crime, and circumstances after the instant crime, etc., were considered to be unfair as it is unfilled.
(c)
Therefore, the prosecutor's above assertion is justified.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is 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 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;