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The prosecutor's appeal is dismissed.
Reasons
1. The lower court’s sentence (six months of imprisonment, two years of suspended execution, 80 hours of community service, and 40 hours of lectures to comply) on the gist of the grounds of appeal is deemed unreasonable because it is too unfasible.
2. In addition, the Defendant committed the instant non-licensed driving without a license even though he/she was punished three times due to drinking alcohol driving and was sentenced to a fine due to his/her negligence during the suspension period of the execution of imprisonment with labor, is disadvantageous to the Defendant.
On the other hand, the defendant would reflect his mistake and will not repeat his offense.
It is advantageous to the point of view.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.