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 committed the instant crime during the period of suspension of execution due to the same criminal record.
In addition, the defendant has already been a criminal record of the same kind in several times.
This is disadvantageous to the defendant.
However, the defendant recognized the crime of this case and reflects it, and there are some circumstances considering the motive of the driving of this case.
The Defendant disposes of the instant vehicle and takes measures to prevent recurrence.
Since 2010, there is a family member who should support the defendant, including the wife who is suffering from a disease.
This is the circumstances favorable to the defendant.
In full view of the circumstances indicated in the records such as these circumstances, Defendant’s age, sex and environment, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable.
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 prosecutor's appeal is without merit. It is so decided as per Disposition.