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 be disadvantageous to the defendant, such as that the defendant drives a cargo vehicle without a driver's license, that the liability for the crime is not weak in light of the circumstances and details of the crime, and that the defendant has a variety of records of the same crime.

However, it is reasonable to respect the defendant's confession of the crime of this case and reflects the defendant's mistake in depth, the distance of the defendant's driving at the time is not 300 meters, the defendant's economically difficult condition, and the health condition is not good due to common morals, etc. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of direct supervision, has the unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the defendant are not considered as a special change of situation that could change the sentence of the court below after the sentence of the court below was sentenced, and considering all circumstances that are the conditions of the sentencing specified in the arguments of this case, such as the defendant's age, character, environment, etc., the sentence against the defendant is too unreasonable.

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.