도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.
2. The judgment of the Defendant, even though he had been in the period of suspension of execution due to drinking driving, was driving without the instant license, and caused a traffic accident involving roadside trees in the process.
There are several penalties for the accused due to driving without a license.
On the other hand, the defendant shows his attitude to recognize and reflect his crime.
The defendant was punished for driving without a license before is in considerable interval from the crime of this case in 2008.
Comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, consequence, and circumstances after the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion.
Therefore, the prosecutor's argument of unfair sentencing is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.