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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.
2. Before making a judgment on the grounds for appeal ex officio, the Prosecutor applied for changes in indictment with respect to changes in the contents of the facts charged as stated in paragraph (2) of this Article, and the judgment of the court below cannot be maintained as it is, since the Prosecutor changed the contents of the judgment by allowing it to be tried, the Prosecutor applied for changes in indictment with respect to the following facts charged as stated in paragraph (2) of this Article.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.
【The reason for the judgment of multiple times】 The accused of the crime was sentenced to a fine of KRW 1,50,000 to a fine for the violation of the Road Traffic Act at the Jung-gu District Court on January 27, 2014; on July 8, 2014, the same court was sentenced to a fine of KRW 3,50,000 for the same crime; on August 30, 2017, the same court was sentenced to a fine of KRW 10,000 for the same crime; on April 4, 2018, the same court was sentenced to a suspended sentence of imprisonment of KRW 1 year and six months for the same crime of violation of the Road Traffic Act, which became final and conclusive on April 12, 2018.
1. On May 12, 2018, the Defendant violated Article 44(1) of the Road Traffic Act and the Road Traffic Act (driving without a license) as above, and was under the influence of alcohol by 0.103% of alcohol without obtaining a driver’s license at a section of about 1km from the Yongsan-gu Seoul Metropolitan hotel’s underground parking lot from around 06:10 on May 12, 2018 to the front day of the Korea Public Security Center 53, the Defendant is under the influence of alcohol by 0.103%.