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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (the imprisonment of six months and the fine of one hundred and fifty thousand won) is too unreasonable.
2. We examine the reasoning for appeal; the defendant has been subject to punishment several times due to the same kind of crime; in particular, the fact that the defendant committed each of the crimes of this case without being able to do so during the suspended execution period due to the same kind of crime is recognized as an unfavorable circumstance to the defendant.
However, all of the crimes of this case are recognized by the defendant, and the defendant is against his mistake, again commits the same kind of crime, the risk of driving alcohol is not realized, the defendant is detained for about 4 months in this case, and the seriousness of punishment due to repeating the crime of non-licenseing and refusing to measure drinking is expected to have sufficiently impaired. When this judgment becomes final and conclusive, the defendant must return to the defendant for six months after the cancellation of the previous suspension of execution, and the defendant's age and health status seems to be relatively poor, and the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime of this case, the circumstances, criminal records, family relations, and economic circumstances, etc. are comprehensively considered, and the defendant's age, sex, intelligence and environment, the defendant's motive, means and consequence of the crime of this case, the defendant's punishment imposed by the court below is somewhat inappropriate to maintain it as it is, and the defendant's assertion is justified.
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, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the reasoning of the judgment below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.