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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible that the sentence (3 million won in penalty) imposed on the defendant is too unfased.
2. The Defendant’s wife, who had driven the vehicle on behalf of the Defendant on behalf of the Defendant, was unable to drive the vehicle inevitably due to his or her father’s height, and the Defendant inevitably driven the vehicle for his or her livelihood, and the circumstances where there is no risk of recidivism by selling the vehicle after the instant crime should be considered.
However, even if considering the circumstances alleged by the Defendant, the following facts are considered: ① (a) the Defendant was sentenced to a suspended sentence of three years for a year on February 24, 2015 due to a violation of the Road Traffic Act (non-licensed driving), which became final and conclusive on February 24, 2015; (b) the Defendant repeatedly committed the instant crime even during the suspended sentence; (c) the Defendant was punished by a fine of seven million won for larceny on September 2015 during the suspended sentence period; and (d) the Defendant was also subject to a fine of one million won for driving without a license in 2006; and (e) the Defendant was also subject to a suspended sentence of two or more years of imprisonment for a year on account of the fabrication of a private document, drinking without a license in 206; (e) the Defendant’s imprisonment with prison labor for more than two years; and (e) the Defendant’s imprisonment with prison labor for a limited period of two or more years after being sentenced to a suspended sentence of two or more years of imprisonment for reasons, such as a fine of one-year.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, 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.