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 is too unhued.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). Around 2015, the Defendant committed the instant crime, even though he/she had a record of being punished by a fine due to a driving without a license for driving without a license for around 2018 after his/her driver’s license was revoked, the Defendant committed the instant crime at a disadvantage.

However, considering the above circumstances, the lower court determined the Defendant’s punishment and there is no change in circumstances that may be considered in sentencing after the sentence of the lower judgment.

In full view of all the sentencing factors indicated in the records and trial process of the instant case including the Defendant’s age, character and conduct, environment, motive and background of each of the instant offenses, means and method, circumstances after the commission of the offense, etc., it is difficult to deem that the sentence imposed by the lower court is beyond the scope of reasonable discretion or is too unreasonable, in view of the fact that the Defendant appears to have recognized his mistake and reflect, and that the Defendant was sentenced to the most severe punishment when the lower court selects a fine.

3. The prosecutor's appeal of conclusion 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.