도로교통법위반(무면허운전)등
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. It is recognized that the judgment defendant committed each of the crimes of this case at the same time without being aware of the period of suspension of execution due to driving under the influence of alcohol, and that the distance from driving without a license is about 35 km.
However, in light of the Defendant’s age, sex, environment, motive, means and consequence of each of the instant offenses, etc., the lower court’s punishment is too uneasy and unreasonable, considering the following factors: (a) the Defendant has led to the confession of all of the instant offenses; and (b) the Defendant’s motive, means and consequence of each of the instant offenses; and (c) the circumstances after the commission of the offense.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition (Article 43 main text of the Criminal Procedure Act). However, since the judgment of the court below is obvious that “Article 43” and “Article 8” in the main sentence of Article 8 is a clerical error in the “main sentence of Article 8,” among the judgment of the court below, the correction is made ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.