도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 3,00,000) is too unhued and unreasonable.
2. The judgment of the defendant has a record of punishing the defendant for several times due to drinking driving, and the fact that the defendant prevented the crime of this case during the suspension period of execution due to drinking driving is disadvantageous to the defendant.
On the other hand, it is favorable that the defendant reflects the crime, and that there is no record of punishment for driving without a license prior to the instant case.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.