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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.
2. The Defendant was punished by a fine of KRW 3 million due to drinking driving in 2015, and a fine of KRW 3 million due to driving without a license, and driving under drinking in 2015, and repeating the instant crime is disadvantageous to the Defendant.
However, in full view of all other circumstances that form the conditions for sentencing as shown in the records and arguments in the instant case, including the fact that the Defendant led to the confession of the facts constituting the offense, the fact that the Defendant was against himself, the fact that it was not controlled by the cause of traffic accident, and the Defendant’s age, environment, sexual conduct, motive for the commission of the offense, and the circumstances before and after the commission of the offense, the lower
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.