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 conclusion that the Defendant was punished on several occasions by driving without a license, and in particular, during the period of repeated crime due to driving without a license, the Defendant is disadvantageous to the Defendant.
However, in full view of the following factors: (a) the Defendant’s mistake, such as disposing of vehicles after the instant crime, etc., is divided and reflected; and (b) the Defendant’s age, sex, environment, motive for committing the instant crime, and all of the sentencing conditions indicated in the instant case, such as the circumstances after committing the instant crime, the lower court’s punishment is too unfeasible 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 appeal is without merit. It is so decided as per Disposition.