도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.
2. The fact that the defendant committed the instant crime during the suspension of execution due to the same crime is disadvantageous to the defendant.
Meanwhile, considering the favorable circumstances of the Defendant, such as the fact that the Defendant reflects on the crime, and other conditions of sentencing as indicated in the records, such as the Defendant’s age, occupation, sex, environment, and circumstances after the crime, it is difficult to view that the lower court’s sentence is too unafluent and unreasonable in light of the overall consideration of the fact that there is no change of circumstances
Therefore, the prosecutor's above 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.