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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.
2. The judgment of the Defendant, on November 9, 2018, did not know the fact that the Defendant had been sentenced to the suspension of the execution of imprisonment due to drinking driving, etc., but did not appear at that time, and was engaged in drinking and driving without a license. As such, the Defendant should be punished strictly.
However, there is no significant change in the sentencing conditions compared to the original court because there is no particular submission of new sentencing data in the trial court, and comprehensively taking account of all of the reasons for sentencing (in particular, the defendant, who is a business employee, has been forced to drive because he/she was unable to refuse the request of the president of the Customer to maintain his/her transaction relations) indicated in the records of this case, the sentencing of the lower court is too unfluent and so it cannot be deemed that it exceeded the reasonable
3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.