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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (e.g., punishment No. 1 in the original judgment: fine No. 1,500,000, and fine No. 2 in the original judgment: fine No. 2,000,000) imposed by the lower court is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.
A. As to the violation of the Road Traffic Act (Operation without License) on August 6, 2004, the facts charged in this part of the judgment below are as indicated in the criminal records column of the judgment below. The court below found the defendant guilty of this part of the facts charged by taking into evidence the existence of a summary order issued before a defendant makes a confession of this part of the facts charged and a request for formal trial of the defendant. (ii) The confession of the defendant in the judgment of the court below is the only evidence unfavorable to the defendant. Thus, if the confession of the defendant in the judgment of the court below is the only evidence against him, it cannot be admitted as evidence of guilt. Thus, if the court below convicted the defendant of the facts charged on the basis of the confession
(2) In light of the above legal principles, the court below's determination that each of the facts charged in this case is guilty of violating Article 310 of the Criminal Procedure Act and affected the conclusion of the judgment, and thus, the court below's determination that each of the facts charged in this case was guilty is erroneous in the misapprehension of the legal principles as to the defendant's confession. Thus, the court below did not err in the misapprehension of the legal principles as to the defendant's confession, as otherwise alleged in the ground of appeal.
B. This part of the judgment of the court below as to the violation of each Road Traffic Act, the violation of the Road Traffic Act (non-licensed driving) on May 30, 201, and the violation of the Road Traffic Act (driving).