도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
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. On September 21, 2016, the Defendant was sentenced to a two-time fine due to drinking driving, etc., one-time fine due to driving without a license, one-time fine due to driving without license, and one-time suspended sentence, and the Defendant was sentenced to a two-month suspended sentence due to drinking driving at the Changwon District Court, which was sentenced to a two-month suspended sentence due to drinking driving at the Changwon District Court on September 21, 2016, and was sentenced to a two-month suspended sentence, but is disadvantageous to the Defendant, such as the Defendant’s non-licensed driving
However, in full view of the following circumstances: (a) the Defendant acknowledges and reflects all of the crimes; (b) there is a family member to support the Defendant; (c) there is a relatively long-term criminal record prior to the suspension of execution; and (d) if the Defendant is sentenced to a sentence, the suspension of execution is invalidated and the Defendant has to serve for at least six months; and (c) it is somewhat harsh to invalidate it in light of all the circumstances; and (d) other circumstances, including the Defendant’s age, environment, sex, criminal conduct, circumstances before and after the crime, and circumstances before and after the crime, and the sentencing conditions specified in the records and arguments of this case
Even if it is not so unfair that it should be destroyed.
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.