도로교통법위반(무면허운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that each of the instant crimes was committed by the Defendant without a license on May 31, 2013, even though the Defendant had been under trial on August 18, 2013, and the Defendant was punished for a four-time drinking and a three-timeless driving since 2005. In light of the fact that the Defendant had a history of punishment for a three-time driving under the influence of alcohol and a three-timeless driving, the sentence (two-years of suspended sentence in October, probation, and community service order) imposed by the lower court is unreasonable.
2. Even in consideration of the above circumstances asserted by the prosecutor, the defendant's mistake and reflects in depth by selling the motor vehicle driven by the defendant, etc., the defendant's two children support his wife and minor, the defendant has been punished by a fine not less than seven times due to drunk driving or driving without permission, but there is no same criminal records above the suspended execution, and the probation ordered by the court below can expect the effect of recidivism prevention through the probation, other circumstances, such as the character, conduct and environment of the defendant, the background and result of the crime in this case, etc., as well as the circumstances after the crime, etc., which are conditions for sentencing as shown in the records and arguments, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.