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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 imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. On November 28, 2012, the Defendant was punished by a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Free Driver’s License) on the grounds of the same crime. However, on January 2, 2013, the Defendant was punished by a fine of KRW 5 million due to the same crime, etc. on the other hand, on the other hand, the Defendant expressed his intention not to punish the Defendant, and the victims expressed their intention not to punish the Defendant. The instant truck appears to have been temporarily returned. The instant truck is deemed to have been processed insurance for the victims and physical damage, and it is deemed that the Defendant’s age, character and conduct, and environment, as well as the consequence, and the circumstances after the crime, etc., were considered, and thus, the Defendant’s assertion is somewhat unreasonable.
3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 31-2 of the Criminal Act applicable to the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of a drunk driving exceeding twice), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;
1. Formal concurrence (trades that violate the Road Traffic Act due to the driving of the vehicle on the market and the violation of the Road Traffic Act due to the driving without a license) Articles 40 and 50 of the Criminal Act;
1. Selection of each sentence of imprisonment;
1. The Criminal Act among concurrent crimes.