도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.
2. Determination is an unfavorable circumstance that the defendant has a criminal record related to traffic, such as drinking, etc.
However, in full view of the following facts: (a) the Defendant’s mistake is against the Defendant; (b) the Defendant is a mere unauthorized driver who does not cause an accident; and (c) other various sentencing conditions as shown in the argument of the instant case, such as the circumstances after the commission of the crime; (d) the Defendant’s age; and (e) the Defendant’s sexual behavior; and (e) 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.