도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.
2. Although the Defendant had been punished for four times due to drinking driving, the fact that the Defendant carried out the instant unlicensed driving is disadvantageous to the Defendant.
However, when comprehensively taking into account the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, the fact that the defendant has no record of being punished in excess of the fine, and that there is no record of being punished due to driving without a license, etc., and all of the sentencing conditions indicated in the instant case, such as the age, sex, environment, circumstances of the crime, and circumstances after the crime, it is not recognized that the sentence of the court below is too unjustifiable and unfair.
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.