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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 300,000) is too unhued and unreasonable.
2. Even though the Defendant had been punished once by a fine due to a driving without a license, the Defendant’s repeated crime of this case is not deemed to be unfair because of the following factors: (a) the Defendant’s repetition of the crime of this case is unfavorable to the Defendant; (b) the Defendant recognized his mistake and reflects; (c) the vehicle operated without a license is a motor device bicycle and operated without a license; (d) the age of 78 years old; and (e) other factors such as the Defendant’s age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime; and (e) various sentencing conditions as shown in the argument of this case,
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.