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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment) is too unhued and unreasonable.
2. The Defendant has a record of criminal punishment on several occasions due to driving of drinking and unlicensed driving.
In addition, after being released from parole by sentence due to drinking and driving without a license, the drinking and driving without a license of this case were done again during the period of repeated crime.
At the time of the instant case, the alcohol concentration of the Defendant’s blood was 0.164% higher.
Even though the Defendant was discovered to have committed the instant crime in around 2011, the Defendant was arrested for five years, and the circumstances after the commission of the instant crime are not good.
In addition, in full view of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, etc., and various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and deemed unfair, and the prosecutor’s assertion is with merit.
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. Subparagraph 1 of Article 148-2, Article 44(1) (amended by Act No. 10790, Jun. 8, 201) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201); Article 152 Subparag. 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 35 of the Criminal Act for aggravated repeated crimes;