도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.
2. It is recognized that the defendant committed the crime of this case among the probation periods due to a violation of the Road Traffic Act (drinking), and that the defendant has a total of four criminal records for the same kind of crime.
However, the defendant led to the confession of crimes and reflects the wrongness.
The distance of the defendant's vehicle without a license is relatively long.
In addition, the three previous criminal records of one criminal defendant are two times before 2005.
In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too unfeasible and unfair.
Therefore, 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.