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The prosecutor's appeal is dismissed.
Reasons
1. The sentencing of the lower court (two months of imprisonment, two years of suspended execution, and forty hours of attending the law-abiding driving course) is deemed to be too uncomfortable and unfair.
2. In light of the fact that the Defendant was punished on four occasions due to drinking without a license and three times due to the act of driving without a license, and in particular, after being punished on August 1, 2013 due to the act of driving without a license and causing an accident resulting from such driving, he/she was not aware of two times due to a license without a license and without a license for driving without a license only once in 2014 (the fine of KRW 5 million and the fine of KRW 7 million) or two times due to a non-license without a license for driving without a license for driving without a license on November 15, 2014, he/she again carried out the instant driving without a license on November 15, 2014, and the blood alcohol concentration of 0.204%, the sentence imposed by the lower court may be deemed to be somewhat.
However, considering the Defendant’s age, character and conduct, environment, circumstances and result of the crime, etc., the sentence of imprisonment with prison labor for up to eight months and the suspended execution of the sentence of the lower court seems to be within a reasonable scope, in view of the following factors: (a) the distance of driving in the instant case is shorter than two meters; and (b) the Defendant’s age, character, environment, circumstances, and consequence of the crime; and (c) the sentencing conditions indicated in the arguments,
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.