도로교통법위반(무면허운전)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 3,00,000) is too unhued and unreasonable.
2. The Defendant committed the instant crime under the influence of drinking, drinking, and driving without a license even though he/she was punished by a fine on one occasion by drinking alcohol during the period of repeated offense, and even if he/she was punished by a fine on one occasion by driving without a license. In light of the Defendant’s criminal history, drinking, and the degree of risk of reoffending in light of the degree of
The fact that we look at is disadvantageous to the defendant.
On the other hand, the defendant would not make drinking and driving without a license against the crime.
D. At the time of the instant case, the Defendant’s blood alcohol concentration was not high by 0.093% at the time of the instant case, etc. are favorable circumstances.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.