도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one month of imprisonment with prison labor and two years of suspended sentence) is deemed to be too uneasy and unfair.
2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant drives a vehicle without a driver's license, and the defendant has already been subject to criminal punishment several times due to the same kind of crime.
On the other hand, the defendant acknowledges the crime of this case and reflects the mistake in depth, and the defendant does not repeat such mistake again.
It is hard to say that it is favorable to the defendant.
In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.
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.