도로교통법위반(무면허운전)
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. The defendant was sentenced to a two-year suspended sentence due to a violation of the Road Traffic Act (refluence of drinking), etc., and committed the crime of this case during the suspended sentence is disadvantageous to the defendant.
However, in full view of all of the sentencing conditions indicated in the instant case, such as the Defendant’s selling of one’s vehicle after the instant crime, etc., that there was no history of punishment due to driving without a license since 2000, and the Defendant’s age, sex, environment, circumstances, circumstances after the instant crime, etc., the lower court’s punishment is too unfeasible and unreasonable.
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.