Text
The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.
2. The judgment of the defendant has a large number of criminal records of the same kind due to driving without a license for drinking, and the crime of this case is found to have been committed during the period of suspension of execution due to the same crime.
However, the defendant is seriously against the defendant's wrongness.
There are some circumstances to take into account the circumstances of the instant unlicensed driving, and the Defendant seems to have been likely to repeat a crime by acquiring a driver’s license on March 27, 2017.
A defendant has a family member to be supported by him/her.
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too uneasible and unfair.
Therefore, prosecutor's assertion is without merit.
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. It is so decided as per Disposition.