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The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds of appeal (three years of suspended sentence for one year of imprisonment, three years of surveillance of protection, and two hundred hours of community service) is deemed to be too unfeasible and unfair.
2. The instant crime was committed by the Defendant while driving without a license, resulting in the death of the victim and resulting in the death of the victim. The nature of the instant crime is hot.
The fact that the defendant has been punished as a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and that the bereaved family members of the victim want to punish the defendant, is also disadvantageous to the defendant.
However, considering the fact that there is no criminal history exceeding the fine imposed on the defendant, that the defendant deposited a certain amount for the victim's bereaved family members, that the defendant recognized and reflected his/her mistake, and that other circumstances specified in the argument of this case, such as the defendant's age, sex behavior, circumstances of the accident, degree of negligence, and circumstances after the crime, the court below's punishment is too uneasible and it is not deemed unfair, so the prosecutor's assertion is not acceptable.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.