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. In light of the fact that the defendant is not only in the period of suspension of execution due to driving without a license, etc., but also in the course of driving without a license on June 28, 2016 and again driving without a license of this case, it is necessary to strictly punish the defendant.
However, the defendant does not drive without a license again.
In full view of the fact that the workplace is in a remote place where traffic is difficult and that the workplace is in a position to support the wife and young children, and other various sentencing conditions as shown in the argument of this case, such as the background of the crime of this case, the circumstances after the crime, the defendant's age, sexual behavior, environment, etc., the court below's punishment is too uneasible and it is not deemed unfair, so 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.