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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
1. The summary of the grounds for appeal that the court below rendered by the defendant (7 million won of a fine) is too unhued and unfair.
2. The fact that the Defendant appears to have the attitude of recognizing and opposing the mistake, and that the Defendant’s spouse is expected to give birth soon is favorable to the Defendant.
In light of such circumstances, the Defendant’s compliance consciousness seems to be imminent, and the fact that the Defendant was absent on the date of the original sentence and was detained and detained in the trial, such as detection of location, service by public notice, etc., and that the attitude of the Defendant was not trusted, even though the Defendant had been sentenced to a fine four times due to the crime of unlicensed driving or larceny during the repeated period due to the crime of unlicensed driving, etc. stated in the judgment of the lower court, other than each of the instant crimes, during the repeated period due to the crime of unlicensed driving or larceny, etc., and the Defendant was sentenced to a fine of four times due to the crime of larceny, etc.
In addition, considering the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime was committed, the lower court’s punishment against the Defendant is deemed unreasonable.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered
[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 331-2 (Unlawful Use of Motor Vehicles and Selection of Imprisonment) of the Criminal Act, and Article 152 subparagraph 1 of the Road Traffic Act for criminal facts.