도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (three million won of a fine) is too unhued and unreasonable.
2. The judgment of the court below is not only that the defendant has been punished several times due to drinking, driving without a license, etc. in the past, but also that the defendant repeats driving without a license during the period of suspension of execution due to driving without a license. However, considering the fact that the defendant has led to the crime of this case and has failed to repeat again, it seems that there are some reasons for considering the motive and circumstance that the defendant committed the crime of this case, the distance of the defendant's driving is not 1.4 km, and the accident is not caused by the crime of this case, the defendant is not responsible for the livelihood of his family, and the defendant's family has promised to lead the defendant in the future, taking into account the above circumstances of the defendant's living, the court below's decision to impose a fine in an amount equivalent to the maximum statutory punishment, and the defendant's age, character and behavior, intelligence, environment, the motive and circumstance of the crime of this case, etc., and all of the following conditions after the crime of this case are unreasonable.
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.