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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 3,00,000) is too unhued and unreasonable.
2. The Defendant is already subject to criminal punishment for four times, including the suspension of the execution of two times due to driving without a license.
In addition, the crime of driving without a license of this case was committed by the defendant who was sentenced to a suspended sentence due to driving under drinking and committed during the suspended sentence.
In light of the defendant's non-licensed driving habits and the attitude of lack of compliance awareness, the risk of recidivism is high.
Since there is a need to punish the defendant strictly.
At the time of the instant case, the Defendant is also driving without a license.
In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is deemed to be too uneasible and unfair, and thus, the prosecutor’s assertion is reasonable
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;