도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal is that the lower court’s punishment (3 million won) is unfair because it is too unfilled (a prosecutor has expressed his opinion that he should be punished by imprisonment with prison labor for six months). The fact that the Defendant is punished four times due to driving without a license is recognized.
However, among those punished by the Defendant for driving without a license, three times are the crimes of 204 or 2005, which were ten years ago, and the recent years of punishment was sentenced to a fine of 1.5 million won in 2013, and there is time interval between the previous crimes and the instant crimes.
In addition, in full view of various circumstances that form the conditions for sentencing as shown in the records and theories of this case, such as the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, the lower court’s punishment is too unfeasible and unreasonable.
Therefore, the prosecutor's improper argument of sentencing is not accepted.
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.