도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.
2. The fact that the defendant committed the instant crime during the period of probation is disadvantageous to the defendant.
Meanwhile, considering the circumstances favorable to the Defendant, such as the Defendant’s violation of the crime and the circumstances that may be considered in the course of the instant crime, as well as the sentencing conditions indicated in the records, such as the Defendant’s age, occupation, sex, environment, and circumstances after the instant crime, it is difficult to view the lower court’s punishment too unfeasible 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.