도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.
2. The Defendant had a record of punishment for drinking and driving without license, and committed the instant crime again during the period of repeated crime due to the same kind of crime.
However, the crime of this case is limited to a simple driving without a license.
The defendant is divided in depth into the crime of this case and has not committed a second offense.
In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.