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The prosecutor's appeal is dismissed.
Reasons
1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. While the Defendant was punished once by the crime of drinking, driving without a license, driving without a license, violation of the Road Traffic Act (in the event of an accident), and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (In the event of an escape vehicle), on one occasion (in the event of an accident, KRW 7 million), driving without license, and larceny (in the event of an escape vehicle), the Defendant committed the same kind of crime. In light of the fact that the Defendant committed the crime of this case, and in particular, the crime of this case committed the suspension of the execution period due to the said unauthorized driving, etc., the Defendant shall be punished with strict punishment.
However, the defendant's act of committing the crime of this case is recognized and against the defendant, and the defendant's act of disposing of the vehicle which was driven at the time of this case will not repeat
In full view of the following circumstances: (a) the fact that there is no special relationship or change of circumstances that may be newly considered in the trial; (b) there is no change in the conditions of sentencing compared with the original judgment; and (c) the fact that it is reasonable to respect the sentencing of the lower court where the sentencing does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015); and (d) other various circumstances that form the conditions of sentencing as shown in the records and arguments of the instant case, including the Defendant’s age, environment, sex, motive of the crime, and circumstances before and after the crime, etc., the lower court’
Even if it is not so unfair that it should be destroyed.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.