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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.
Reasons
Summary of Grounds for Appeal
The punishment of the lower court (fine 7,000,000) is too unreasonable.
Judgment
Although the defendant had been punished for the same crime, he/she again commits the crime of this case at a disadvantage.
However, it is more favorable to the fact that the defendant recognized the crime of this case and reflected against it, and that the traffic risk and obstacle caused by the crime of this case seems to be relatively minor, and that the physical damage is deemed to have been fully recovered from the insurance purchased by the defendant.
Considering the circumstances favorable to the defendant and the unfavorable circumstances, comprehensively taking into account the following factors: the defendant's age, character and conduct, environment, circumstances after the crime, and the circumstances after the crime, the sentence of the court below is somewhat inappropriate.
Therefore, the defendant's appeal is justified.
Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 148 and 54 (1) of the Road Traffic Act and the choice of fines for criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act prior to the sentencing of the provisional payment order shall be determined as ordered in consideration of the various circumstances.