도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the case of "2015 order 2576" as stated in the judgment of the court below: a fine of three million won, and the case of "2016 order 2855: a suspended sentence of two years, protection observation, and compliance driving instruction" in April of imprisonment, which is too unreasonable.
2. Even though the judgment defendant had been punished several times for the same crime, the fact that the defendant driving of each of the instant non-licenses in this case is disadvantageous to the defendant.
However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, and that the defendant has no record of punishment exceeding the fine for the same kind of crime prior to each of the crimes in this case, and all of the sentencing conditions in this case, such as the defendant's age, sex, environment, motive for the crime, and circumstances after the crime, it is not recognized that the sentence of the court below is too unjustifiable and unfair.
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 appeal is without merit. It is so decided as per Disposition.