도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (2.5 million won in penalty) is too unhued and unreasonable.
2. The fact that the defendant again committed the instant crime with the same vehicle even though he/she had a record of having been punished several times for the same crime is disadvantageous to the defendant.
However, considering all of the sentencing conditions of Article 51 of the Criminal Act, considering the fact that the defendant commits a misunderstanding in depth, the defendant has no previous conviction exceeding the fine, and the records and changes of the case, it does not seem unfair because the sentence of the court below is too uneasible.
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.