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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 summary of the grounds for appeal is unreasonable because the punishment imposed by the court below is too unreasonable in light of the following: (a) the defendant's wife was abolished and collected as a disabled person and maintained a livelihood; (b) the defendant's wife was treated as a sick person; and (c) the defendant's wife was in a position to support his wife as a person with disabilities; and (d) the defendant was in a position to support his wife.
2. The judgment of the court below is that the defendant driven a motorcycle without a motorcycle driver's license. At the time, the defendant was in a significantly high drinking state of 0.253% blood alcohol concentration, and the defendant's wife was used on the back seat, while he was under the influence of 0.253%, and the defendant's wife was sent back to an emergency room. However, the defendant's wife was only a relatively minor fine due to the same kind of power, and the defendant's wife was in a physical disability three degree of disability, the defendant's wife is deemed to require continuous pharmacologic treatment for the next six months, and the defendant's wife suffers from urology, depression, symptoms, and disease, etc. The defendant's wife seems to require continuous treatment for the next six months. Considering the above circumstances, the court below's sentence is somewhat inappropriate, and the above defendant's argument is justified.
3. Accordingly, the defendant's appeal of this case is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 Subparag. 1 and Article 44 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201) regarding criminal facts.