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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two months of imprisonment) is too unreasonable.
2. The judgment of the court below has the record of being punished several times due to driving without a license, and the defendant committed the same crime even while being investigated as the case, such as the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was sentenced to a suspended sentence of two years on March 6, 2013 and the crime of violation of the Road Traffic Act, etc., and committed the crime of this case even though he was punished before the judgment of the suspended sentence was rendered, there are some unfavorable circumstances to the defendant, such as the defendant committed the crime of this case. However, although the defendant is erroneous and the driver's license was revoked due to drinking driving in 2012, it was caused to the crime of this case while continuing driving for living expenses due to difficulties in seeking other jobs, and the defendant was sentenced to a sentence due to a relationship with his family, such as his mother and two children, which makes it difficult for his family living difficult, and even if the above suspended sentence was revoked and the sentence should be returned to the same time, the defendant seems to be somewhat favorable, the defendant's age, circumstances and circumstances and circumstances after the crime of this case.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized 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. Relevant Article of the Act and the Road Traffic Act concerning the crime;