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. In light of the fact that the Defendant had been punished by a fine on multiple occasions due to driving without a license, etc., but again carried out driving without license of the instant case, the nature of the crime is not weak.
However, in full view of all the sentencing conditions, including the fact that the defendant is against himself and there is no previous conviction who has been punished since 2008, the sentence of the court below sentenced to a fine cannot be deemed to be too unjustifiable.
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.