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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,500,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (4 months of imprisonment) is too unreasonable.
2. Determination is highly likely to criticize the Defendant’s repeated driving of a license without a license from around 2015. However, the Defendant appears to have a strong attitude of provokinging and provoking down the seriousness of the Defendant’s crime at the latest after being detained for a certain period. The Defendant did not have any history of crime other than drinking and non-licenseing, and the Defendant appears to have been able to endeavor to become a sincere society, such as working in a workplace and concurrent study of study at a university after becoming adults, and taking into account the various sentencing conditions shown in the instant records and arguments, the lower court’s punishment is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is again ruled after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Selection of an alternative fine for punishment (the above-mentioned extenuating circumstances);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;