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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (three million won of a fine) by the lower court is deemed to be too unhued and unreasonable.
2. The instant crime is that the Defendant driven a vehicle without a driver’s license, and the illegality of the act is not less severe.
In addition, the Defendant committed the same crime even though 3 years have not passed since he/she was sentenced to 8 months of imprisonment on June 12, 2012 due to the same crime and completed the execution of the sentence on March 2, 2013, and again committed the same crime. It is difficult to view that the risk of recidivism is low in that: (a) the same crime was committed by the same type of crime before the instant crime was committed; and (b) the same crime was punished by a fine of 4 times.
In addition, considering the fact that the defendant had been drive repeatedly as above even though he had not acquired the driver's license so far, and that there was a record of being punished by a fine five times prior to the crime of this case, it is necessary to punish the defendant solemnly.
However, the Defendant appears to have committed the instant crime and committed a misunderstanding in depth.
Furthermore, the Defendant was driving at a short distance ( approximately 1km) due to the instant crime, and was driving to buy the construction materials at the time, but was driving to buy tobacco at the time, and did not cause any infringement of other legal interests.
In addition, considering the following circumstances: (a) the Defendant has to care for his wife and wife for two years before, and under the circumstances that are economically difficult, and (b) have to care for his married, which is a middle school student with poor health conditions, such as taking a heart surgery; and (c) the Defendant is suffering from “other scarcitys” on both arms, etc.; and (d) has not good health conditions, such as the Defendant’s age, character and behavior, character and environment, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime.