도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.
2. The Defendant had the record of being punished five times due to drinking driving and two times due to driving without a license. In particular, the Defendant committed the instant non-licensed driving under the suspension period of two years after being sentenced to a suspended sentence on August 28, 2015 due to the crime of drinking driving on August 28, 2015.
However, in full view of all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, occupation, environment, family relationship, circumstance leading to a crime, etc., the lower court’s sentence is unhurd 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.