도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (an amount of KRW 3 million) is too uneasy and unreasonable.
2. The nature of the crime is heavy in that the defendant is driving the instant non-exclusive license during the suspension period of the execution of imprisonment due to drinking or non-licensed driving.
However, in light of the circumstances that may be considered as the background leading up to the operation of the Defendant, and the fact that the lower court shows the intention of not re-offending while disposing of the vehicle, and other various sentencing conditions in the record, such as the Defendant’s age and sexual conduct, the sentence of the lower court is too uneasible and unreasonable.
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.