도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (one million won in 3 million won) on the gist of the grounds of appeal is deemed unfair because it is too uneasible.
2. The Defendant had a record of being punished several times for the same type of crime, such as drinking and unlicensed driving, and in particular, committed the instant crime during the suspension period of the execution of imprisonment with prison labor due to a violation of the Road Traffic Act.
However, in full view of the following circumstances: (a) the Defendant recognized and seriously reflects the Defendant’s mistake; (b) the Defendant’s age, sexual conduct, environment, family relationship, motive, circumstance, means and consequence of the crime; and (c) there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, including the fact that the instant crime is a mere unauthorized driver; and (d) the sentencing of the lower court is not unfair.
3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.