도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (3 million won in penalty) against the Defendant on the summary of the grounds of appeal is deemed to be too uneasy and unreasonable.
2. In light of the fact that the Defendant was sentenced to a two-year suspended sentence for a violation of the Road Traffic Act (non-licensed driving) in 2015, and again committed the instant crime during the suspended sentence, the Defendant was sentenced to a two-year suspended sentence for a violation of the Road Traffic Act (non-licensed driving) in 2015, and was sentenced to a three-time suspended sentence for a fine for refusing to
On the other hand, however, the above suspended sentence is a case that includes fraud, etc., and is found to be the second one. The danger of driving without a license in this case has not occurred because the risk of driving without a license in this case has been realized, the defendant shows an attitude to recognize and reflect his mistake, and the defendant does not repeat the crime by transferring his vehicle, etc., and the paper has the favorable circumstances for the defendant, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, circumstances after the crime, change of circumstances after the sentence of the court below, etc., and all the sentencing conditions in the argument in this case, including the following: the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, change of circumstances after the sentence of the court below, etc., are considered to be within a reasonable and appropriate scope, and it cannot be deemed 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.