Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.
2. The circumstances that the Defendant had the same power six times and had repeated crimes, which led to the occurrence of a traffic accident during the Defendant’s non-licensed driving of the instant case, are disadvantageous to the Defendant.
However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s mistake as a whole; (b) the Defendant’s negligence in the occurrence of the foregoing traffic accident appears to have not been significant; (c) the lower court appears to have sentenced to a statutory highest fine in consideration of the Defendant’s aforementioned unfavorable circumstances; and (d) other circumstances that form the conditions for sentencing as indicated in the record, such as the Defendant’s age, environment, occupation, family relationship, circumstances leading to the instant crime; and (e) circumstances after the commission of the crime, the lower
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.