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. In that the Defendant had been punished several times due to a traffic-related crime, such as driving without a license or drinking driving, and further, during the suspension period of execution, such as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, it is necessary to impose strict liability on the Defendant for the crime of this case.
However, in full view of the following: (a) the Defendant’s mistake is recognized and against the Defendant; (b) the Defendant did not cause a traffic accident; and (c) the Defendant’s age, sex, environment, and circumstances after the commission of the crime; and (d) various sentencing conditions revealed in the pleadings, it cannot be deemed that the sentence imposed by the lower court is too unfasible and unfair.
Therefore, 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.