Text
The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The sentence of the lower court (a fine of three million won) is too unhued and unreasonable.
Judgment
The defendant has already been punished several times due to driving without a license, and in particular, the fact that the defendant commits the crime of this case when he/she commits the crime of this case during the period of repeated crime due to driving without a license is an unfavorable sentencing factor.
However, considering the following factors: (a) the Defendant’s mistake recognized by the Defendant is against his will; (b) the Defendant again said that the Defendant would not drive without a license; (c) the Defendant scrapped the vehicle owned by the Defendant; and (d) there are circumstances to take into account some of the circumstances leading up to the Defendant’s unlicensed driving; and (d) the Defendant supporting the Defendant’s wife and the wife of class 6 disability with the physical disability of class 3 without delay or with the body of class 3 disability; and (c) other factors of sentencing as indicated in the argument, such as the background of the instant crime; (d) circumstances after the commission of the crime; (e) the Defendant’s age, character and conduct, and environment, the Prosecutor’s assertion is without merit.
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.