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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.
2. Determination is that the Defendant was punished for the same kind of crime in 201, such as without a license and drunk driving in 201, each fine for driving without a license in 2012, and one-year suspended sentence for four months for driving without a license in 2013, and that the Defendant again committed the instant crime during the suspended sentence period after having been sentenced to a suspended sentence on May 2013.
However, in light of the favorable circumstances such as the Defendant’s mistake and the Defendant’s failure to drive without a license, and the Defendant’s age, character and conduct, environment, the circumstances and result of the instant crime, and all of the sentencing conditions indicated in the instant case, such as the circumstances after the instant crime, etc., it is deemed that the lower court’s punishment is too uneasible and unreasonable. Thus, the Prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.