The sentencing of the court below (2 million won of fine) is too unhued and unfair.

On April 3, 2013, there is a record of being fined several times for the same crime, including the fact that a summary order has been issued due to drinking driving, etc., and there is a disadvantage to the defendant.

However, considering the fact that there was no history of punishment for driving without a license and the occurrence of the accident caused by the instant crime, the fact that the mistake is recognized and reflected, and all other circumstances that form the conditions for the sentencing specified in the instant case, such as the Defendant’s age, character and conduct, motive, means and consequence of the instant crime, etc., the sentencing of the lower court cannot be deemed to be too uneasible and unfair.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.