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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The sentence of the court below (eight months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant, the prosecutor examined the first, second, and third of the facts charged in the trial at the court below, and the prosecutor applied for changes in the indictment to the effect that "the defendant was issued a summary order of KRW 4 million on April 4, 2008 due to the violation of the Road Traffic Act (driving) at the Sungwon District Court's Sung-nam branch, and on November 21, 2013, the defendant was sentenced to a suspended sentence of Article 44 (1) of the Road Traffic Act (which means a person who has been sentenced to a suspended sentence of two times or more) on the grounds of the violation of the Road Traffic Act (which means a person who has been sentenced to a suspended sentence of two times or more) on the grounds of the violation of the Road Traffic Act) at the Sungwon District Court's Sungnam branch branch court's Sungnam branch court's support, and the judgment below
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is again decided as follows
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence of the court below are as follows: "The defendant is issued a summary order of KRW 4 million on April 4, 2008 with a fine of KRW 4 million due to the violation of the Road Traffic Act (driving) at the Sungwon District Court's Sung-nam branch on April 4, 2008, and on November 21, 2013, with a suspended sentence of Article 44 (1) of the Road Traffic Act two times or more due to the violation of the Road Traffic Act (driving) at the Sungwon District Court's Sung-nam branch on August 21, 2013."