도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The sentence (4.5 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 fact that the judgment defendant has been punished several times for the same kind of crime, and that he/she was indicted by driving without a license and driving without a license while continuing the trial is disadvantageous to the defendant.
However, when comprehensively taking into account the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, the fact that the defendant has no record of being punished in excess of the fine, and the fact that there is no record of being punished due to driving without a license, etc., and all of the sentencing conditions indicated in the instant case, such as the age, sex, environment, circumstances of the crime and circumstances after the crime, it is not recognized that the sentence of the court below is too unjustifiable and 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.