도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (two years of suspended execution, two years of protection observation, and one hundred and sixty hours of community service order for the period of imprisonment for eight months) is deemed to be too uneasible and unreasonable.
2. The Defendant, at the time of the instant case, was in the period of imprisonment with prison labor for the same kind of crime, and was sentenced to a fine on October 31, 2016 for the crime of driving a separate license, but repeated the instant crime, is disadvantageous.
However, in light of all favorable circumstances, such as the fact that the defendant repents his mistake and reflects against himself, the fact that the defendant does not repeat the crime, and there is a family member to support, etc., and all of the sentencing conditions indicated in the instant case, such as the age, sex, environment, circumstances and result of the instant crime, etc., the court below’s punishment is too unobcied and unfair, and thus, the prosecutor’s allegation above 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.