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. The Defendant, including a person who was sentenced to imprisonment with prison labor for April 201 due to driving without a license for drinking alcohol, has a total of six times of punishment due to driving without a license for driving without a license for four months, and the Defendant committed the instant crime during the period of repeated offense, and thus, it is necessary to punish the Defendant.
On the other hand, the Defendant asserts to the effect that he temporarily gets to drive the instant vehicle without a license upon a sudden demand from the owner of the instant vehicle, and that there seems to exist some circumstances to consider the circumstances leading up to the Defendant’s crime, and that the Defendant is currently under navigation cancer treatment due to the location of an ambiguous organ or the malicious life of the waste, etc., the Defendant should take into account the circumstances favorable to the Defendant.
In addition, the lower court did not recognize that the sentence against the Defendant was too unafford, and that there was no special change in the judgment of the Defendant in light of the overall circumstances, and all other circumstances that form the conditions for sentencing as shown in the records and arguments of the instant case, including the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime.
3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.