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 deemed to be too unhutiled and unfair.
2. The judgment that the defendant was punished for three times due to drinking driving, and that the defendant was also subject to the probation period due to driving without a license is disadvantageous to the defendant.
However, in full view of the circumstances favorable to the defendant that the defendant repents and reflects his/her mistake, and all of the sentencing conditions in the instant case, such as the defendant's age, sex, environment, driving circumstances, and circumstances after the crime, the court below's punishment is too unfeasible 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 appeal is without merit. It is so decided as per Disposition.