도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.
2. On August 16, 201, the Defendant had been sentenced to punishment several times due to driving without a license and committed the instant crime again during the period of probation after being sentenced to imprisonment for eight months and two years due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) by the Daegu District Court.
However, the Defendant committed the instant crime in depth and did not repeat the crime.
The defendant seems to have been with disabilities in the sixth degree and is in a sincere life while working as a used vehicle business employee.
In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.
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.