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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. On November 7, 2013, the Defendant had been sentenced to criminal punishment several times due to a violation of the Road Traffic Act (unlicensed Driving) and committed the instant crime again during the period of suspended execution after being sentenced to imprisonment with prison labor for the same crime at the Seog District Court Branch of the Daegu District Court for the same crime on August 7, 2013.
However, the crime of this case is limited to a simple driving without a license.
The defendant living under detention for about four months in the instant case, and tried not to repeat again as he/she repented his/her mistake in depth.
Vehicles in the name of the defendant was also disposed of by the defendant.
The defendant's family members show a strong guidance to the defendant, such as being engaged in mechanical parts manufacturing.
In full view of the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleading, the sentence imposed by the court below is unfair.
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.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of fines and the selection of fines for the crime;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;