도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (four months of imprisonment and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.
2. The judgment of the Defendant is disadvantageous to the Defendant, even after receiving each summary order of KRW 5 million due to a drunk driving in 2019 or a fine of KRW 300,000 due to a non-licensed driving, etc., for a short time, again leaving the pertinent non-licensed driving.
On the other hand, the fact that the defendant recognizes and reflects the crime of this case, and that the defendant has no penalty power exceeding the fine is favorable.
In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, as well as various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment is deemed too unjustifiable, and thus, the Prosecutor’s assertion is without merit.
3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.