도로교통법위반(무면허운전)
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The punishment of the lower court (a fine of three million won) is too unreasonable.
B. The Prosecutor’s sentence of the lower court (a fine of three million won) is too unhued and unreasonable.
2. In light of the fact that the judgment defendant had a record of punishment six times including punishment for the same kind of power, and that he/she committed the crime of this case without being sentenced to a fine even though he/she had already been sentenced to a fine on one occasion during the period of repeated crime due to the previous and previous driving, it is necessary to punish the defendant.
However, it is necessary to respect the judgment of the court below because there is no change in the conditions of sentencing compared with the court below because new sentencing materials have not been submitted at the court below. The defendant reflects the crime of this case as well as his depth, the defendant, who is the father of two children and is able to faithfully live together with his responsibility and not re-influence again, and the driving distance is short, and other circumstances, which are the conditions of sentencing as shown in the records and arguments of this case, including the circumstances after the crime, character and behavior, the defendant's character and environment, age, etc., are considered as being too heavy or unreasonable.
3. In conclusion, the defendant's appeal and prosecutor's appeal are all without merit, and they are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.