도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (one million won in 3 million won) on the gist of the grounds of appeal is deemed unfair because it is too uneasible.
2. The Defendant had a record of being punished several times for the same type of crime, such as drinking and unlicensed driving, and committed the instant crime during the suspension period of execution due to the non-licensed driving.
However, in full view of the following circumstances: (a) the Defendant’s mistake is seriously against himself; (b) the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime; and (c) the circumstances that are conditions for the sentencing; and (d) there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime; and (b) the sentencing of the lower court is not unfair.
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.