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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for eight months, two years of suspended execution, the community service order, etc.) of the lower court is deemed to be too uneasible and unfair.
2. The crime of this case is a situation unfavorable to the Defendant, where the Defendant, while driving a motor vehicle without a driver’s license, did not immediately stop and take necessary measures despite destroying the street lamps so that the amount equivalent to KRW 1,639,000 of the repair cost would be equivalent to the repair cost. The crime of this case is a case where: (a) the Defendant had a history of criminal punishment four times for traffic-related crimes; and (b) the Defendant’s blood alcohol concentration level at the time of detection was relatively high to 0.142%.
On the other hand, the fact that the defendant recognizes the crime of this case and reflects the defendant's mistake in depth, the fact that the vehicle of the defendant can be recovered from the victim's damage because the defendant subscribed to the motor vehicle comprehensive insurance, and that the defendant again does not repeat the same mistake, etc. are favorable to the defendant.
In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.