도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.
2. Unfavorable circumstances: A relatively long distance is the section in which the pertinent unlicensed driver was driving.
Defendant has a criminal record of drinking alcohol driving.
The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.
The principle of equity should be taken into account when the crime of this case is committed simultaneously with the crime of this case committed prior to the first head of the judgment below and the relation of concurrent crimes after Article 37 of the Criminal Act.
Considering the above unfavorable circumstances, the Defendant’s age, character and character environment, the motive and consequence of the crime, and the circumstances after the crime, etc., as well as the overall sentencing conditions indicated in the present arguments and records, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.