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 crime of this case was committed by the defendant, who was sentenced to suspended execution due to the violation of traffic laws on roads, etc., and the crime was committed during that period.
Defendant is sentenced to a fine for the same kind of crime.
This is disadvantageous to the defendant.
The Defendant recognized and reflected the instant crime.
The crime of this case is operated on behalf of the defendant who complained of the clothes and there is a reason to consider the motive.
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.