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The judgment below
The guilty part shall be reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall be imposed on the defendant.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than six months) of the lower court’s sentence against the Defendant is too unreasonable.
2. Determination as follows: (a) inasmuch as an act of driving without a license is highly likely to cause harm to the life and body of another person as well as his/her own, it is deemed that the nature of the crime is not light; (b) the blood alcohol content of the Defendant at the time of the instant case reaches 0.107%; (c) the Defendant had nine criminal records for the same crime; and (d) the Defendant committed each of the instant crimes at the Daejeon District Court on October 26, 2012, without being aware of the fact that he/she was sentenced to a suspended sentence of 2 years for a crime of violation of the Road Traffic Act in the Daejeon District Court on August 26, 2012; and (b)
However, considering the fact that the defendant led to the confession of each of the crimes of this case and reflects his mistake, that the defendant's wife sold the vehicle after this case and did not repeat again, that the defendant's wife was performing an operation to cut down part of the waste cancer on January 28, 2013, that the defendant's health is not good due to long urology, and that the defendant suffers from the defendant's suffering from the over-the-counter symptoms, and that it was operated on August 11, 2014, and there is no other economic circumstance such as the defendant's liability of KRW 100 million due to medical expenses. Considering the above circumstances, the defendant's custody has serious difficulty in bringing up his children who are not healthy due to the defendant's health and three years of age, and that the defendant's family members want to take up his wife against the defendant, and that the defendant's living conditions are somewhat favorable through four months of detention, and that the court below sentenced the above case's punishment and its execution period will be more favorable.