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The prosecutor's appeal is dismissed.
Reasons
1. The sentencing of the lower court (two months of imprisonment and three years of suspended execution) is deemed to be too unhued and unfair.
2. Although the Defendant had previously been punished three times for driving without a license and had been punished several times for other traffic-related crimes such as drunk driving, the Defendant again carried out driving without a license during the suspended execution period due to driving without a license. Furthermore, considering that the Defendant had already been punished one time for driving without a license during the same suspended execution period, the Defendant may be sentenced to a punishment for the Defendant.
However, considering the fact that the crime of this case was committed in a simplelessless driving, the risk or punishment of the defendant was relatively less, the vehicle in which the defendant was living in depth and operated was disposed of, her mother and two children, and other sentencing conditions as shown in pleadings, the sentence of imprisonment with prison labor for up to eight months is to be imposed on the defendant, but the sentence of the court below is not deemed to be unfair because it is too unafford that the defendant would be given an opportunity to prevent re-offending and to improve his reflectness by ordering probation and the participation in the compliance driving lecture for three years.
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.