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. The fact that the judgment defendant has been punished several times for the same crime, and in particular, the fact that he/she has been driving the instant non-license in the period of suspension of execution due to the same crime is disadvantageous to the defendant.
However, if the Defendant comprehensively takes into account the circumstances favorable to the Defendant in which he/she repents and reflects his/her mistake, and all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex, environment, circumstances, and circumstances after the commission of the crime, it is not recognized that the lower court’s punishment is 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.