도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is too unhued and unreasonable.
2. The instant crime is deemed to have been committed during the period of suspension of execution due to the same kind of crime, and its nature is not good.
There have been a number of criminal records for the defendant.
This is disadvantageous to the defendant.
The Defendant recognized and reflected the instant crime.
The Defendant does not pose no risk of repeating a crime after acquiring a driver’s license from March 15, 2018.
This is the circumstances favorable to the defendant.
In full view of the circumstances indicated in the records such as these circumstances, Defendant’s age, sex and environment, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable.
Therefore, the prosecutor's above 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 prosecutor's appeal is without merit. It is so decided as per Disposition.