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The judgment of the court below is reversed.
Defendant shall be punished by a fine of seven million won.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 5 million imposed by the court below against the defendant is too unhued.
2. It is recognized that the circumstances such as the Defendant’s recognition of each of the instant offenses, the fact that an agreement was reached with the victim, and the Defendant’s economic situation is difficult due to the progress of the individual rehabilitation procedure.
However, each of the crimes of this case committed each of the crimes of this case, although the defendant neglected his duty of care in front of the defendant's vehicle without a license, causing a traffic accident, such as causing damage to the victim by shocking the driver's vehicle behind the victim's vehicle that was normally driven in front of the defendant's vehicle, and causing damage to the vehicle, etc. at the same time, and the quality of the crime is not somewhat weak. The defendant committed each of the crimes of this case even though he was sentenced to a suspended sentence of 2 years for a period of suspension of execution on April 2013 due to the crime of violation of the Road Traffic Act, etc., even though he had been sentenced to a suspended sentence of 6 months, each of the crimes of this case committed each of the crimes of this case, while the defendant escaped in the state of suspended sentence, it is difficult for him to obtain such change of the defendant's age, environment, occupation, family relationship, circumstances leading to each of the crimes of this case, and other various circumstances that form the conditions for sentencing
Therefore, prosecutor's assertion is justified.
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 as follows.
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 of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.