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. In addition, the fact that the defendant was punished several times for the same crime, and that he/she was punished for a repeated crime due to a violation of the Road Traffic Act (unlicensed driving) but was punished for a non-licensed driving during the repeated crime period is disadvantageous to the defendant.
On the other hand, when comprehensively considering the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, the fact that some of the circumstances may be considered in the course of the crime, and all of the sentencing conditions in this case, such as the defendant's age, sex behavior, environment, and circumstances after the crime, it is not recognized that the sentence of the court below is too uneasible and unfair.
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.