The prosecutor's appeal is dismissed.

The court below's sentence (3,00,000 won) against the defendant in summary of the reasons for the prosecutor's appeal is unreasonable because it is too unfasible.

Judgment

The crime of this case is deemed to have driven a cargo vehicle without a driver's license even though the defendant was under the period of suspension of execution, and the circumstances of the crime are deemed to be disadvantageous to the defendant, such as the fact that the defendant was punished several times for the same crime in light of the circumstances and contents of the crime.

However, the Defendant’s confession of the instant crime and reflects the Defendant’s mistake in depth, support the Defendant’s wife and university students in the course of operation of his occupation, and the Defendant’s family appears to clearly have a social relation with the Defendant. The Korean Criminal Litigation Act, which takes the trial-oriented principle and direct care, has its unique area in the first instance trial as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance trial, and the first instance sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances unfavorable to the recognized Defendant do not fall under any special change in circumstances that could change the sentence of the lower court after the pronouncement of the lower judgment, and if the Defendant’s family members wanted the conditions of the instant sentencing, such as the Defendant’s age, sexual behavior, environment, etc., are considered too unreasonable, it does not seem to be unreasonable for the lower court to have taken into account the sentence against the Defendant.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.