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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 (e.g., a fine of three million won) of the lower court is deemed to be too unhued and unreasonable.
2. In full view of the arguments and the reasons indicated in the record of the instant case, including the following: (a) the defendant was sentenced to a fine for the same suspension of execution; (b) the defendant was sentenced to a stay of the execution of imprisonment for the same kind of crime; and (c) the defendant was driving without the license of this case for the reason that he did not take a compliance driving lecture ordered by the above judgment for a few months since he was sentenced to a stay of the execution of imprisonment for the same kind of crime; (c) the driving distance of the defendant is a longer; and (iv) the defendant was sentenced to a fine for the defendant or a judgment suspending the execution of imprisonment for the same crime was already revealed that there was no special preventive effect for the same crime; even if considering the defendant’s age, occupation, family relation relationship, and attitude of reflector, the court below’s sentence is deemed unreasonable, and thus, the prosecutor’s assertion of unfair sentencing is justified.
3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article
Application of Statutes
1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;