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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the imprisonment of 10 months, the suspended sentence of 2 years, the community service order 120 hours, and the order to attend a compliance driving 40 hours) that the court below sentenced is too uneasible and unreasonable.
2. Determination compared with the first instance court, there is no change in the conditions of sentencing, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The Defendant was sentenced to a fine of KRW 5 million due to a crime of violation of the Road Traffic Act (driving) and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury), and a violation of the Road Traffic Act (Free License) around July 2017, and caused a traffic accident by driving the Ortoba without a license, and caused a traffic accident by driving the Ortoba in the last half of the second month. As a result, the Defendant suffered injury to the victim E, who was accompanied by Ortoba, who was on the back seat, to the victim E, who was in need of approximately 14 weeks medical treatment.
However, the defendant agreed with the victim E only, and there is no power to punish the defendant more severe than a fine.
The circumstances alleged by the prosecutor on the grounds of appeal are already considered in the sentencing process of the court below, and there is no new change in circumstances that could change the sentence of the court below in the trial.
When comprehensively considering the sentencing conditions, such as the Defendant’s age, health status, and family relationship, as shown in such circumstances and arguments at the lower court’s trial, the sentence imposed by the lower court is beyond the reasonable scope of discretion, or is deemed unfair because it is too low.
3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.