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The judgment below
Part 1 of the judgment is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
except that this judgment.
Reasons
1. Determination on each of the grounds for unfair sentencing by both parties
A. It is deemed that the court below's decision is unfair in light of the following: (a) the amount of the Defendant's defraudation of the part of Article 1 of the judgment of the court below reaches KRW 1.30 million; (b) the Defendant committed a crime under Article 1 of the judgment of the court below due to the depression of construction business while operating a specialized construction business entity; (c) the Defendant appears to have committed a crime under Article 1 of the judgment of the court below; (d) the Defendant repaid 30 million won immediately after the commission of the crime to the victim; and (e) the Defendant repaid 30 million won to the victim; and (e) the victim made full efforts to recover damage by paying 20 million won to the victim; (c) the victim did not have the same criminal record; (d) the equity between the Defendant and the case of the violation of the Road Traffic Act for which the judgment became final and conclusive; and (e) the Defendant's age, character and conduct, circumstances, circumstances, means and result of the crime; and (e) the records and arguments of this case.
B. The records of the case in light of the following circumstances: (a) the Defendant committed a crime under Article 2 of the judgment of the court below, which is favorable to the Defendant’s mistake, such as the fact that the distance of drunk driving is not long; (b) the drinking driving is likely to cause serious harm to another person’s life and body; (c) the Defendant’s blood alcohol concentration was considerable; (d) the Defendant was sentenced to a fine for drinking driving; and (d) the Defendant was subject to a suspended sentence again for drinking driving on July 2013; and (e) the Defendant again committed a crime under Article 2 of the judgment of the court below, which is disadvantageous to the Defendant; and (d) the Defendant committed a crime under Article 2 of the judgment of the court below only for a period of one month.