도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. In light of the fact that the Defendant, who was sentenced to criminal punishment four times of a fine due to a violation of the Road Traffic Act due to a non-licenseless license or a violation of the Road Traffic Act due to a drunk driving, committed anotherless driving crime, etc., the lower court’s punishment (three million won of a fine) is too unscheduled and unreasonable.
2. In light of the following factors: (a) the lower court appears to have determined the sentence in light of the above circumstances as stated in the Prosecutor’s assertion; (b) the Defendant committed the instant crime in a net manner and without any history of criminal punishment exceeding the fine; and (c) there were other factors for sentencing as indicated in the instant case, including the Defendant’s age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, etc., the lower court determined that the sentence was appropriate within the discretionary scope.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.