도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the penalty (three million won of a fine) declared by the court below against the defendant is too unfilled.
2. The judgment of the court below should be respected because there is no change in sentencing conditions compared to the court below because the defendant did not submit new sentencing data, despite the fact that the defendant had been punished twice for driving without a license, and the defendant had been in the period of suspension of execution due to the same crime, even though he had been in the period of suspension of execution due to the same crime, and there is no change in sentencing conditions compared with the court below. The defendant is in depth against the crime of this case, the distance of driving without a license is not long, the defendant operates 17 employees and design services and software development venture companies, and is hard to say that even for his family members and employees, it is deemed that there is no risk of recidivism in the future. In addition, considering the following circumstances and result of the crime of this case, the sentencing of the court below is too unjustifiable and unreasonable.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.