도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.
2. The crime of this case is considered to be disadvantageous to the defendant, such as the fact that the defendant driven a cargo vehicle without a driver's license and the fact that the defendant committed the crime of this case without being aware of the fact that he had already been subject to criminal punishment twice for the same crime.
On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake in depth, that the distance of the defendant's driving is relatively short as 800 meters, and that it is hard to say that he will not drive without a license again, such as selling a vehicle which has been driven in the trial of the party, is favorable to the defendant.
In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.
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.