도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for four months of imprisonment, two years of surveillance of protection, and forty hours of instruction of compliance driving) is too unhued and unreasonable.
2. The Defendant, who was sentenced to four months of imprisonment due to a violation of the Road Traffic Act (non-licensed driving) in 2011, committed the instant non-licensed driving without a license even though he had been sentenced to imprisonment for the same kind of crimes at several times, and thus, there is a need for strict punishment corresponding thereto.
However, the defendant does not drive his mistake in a non-licensed state, and the defendant does not drive again.
In full view of the following facts: (a) the Defendant did not cause a traffic accident due to driving without a license of this case; (b) the lower court, along with the suspension of the execution of imprisonment with prison labor, ordered the Defendant to observe protection and attend lectures together; and (c) the Defendant’s age, sex and environment; (d) motive, means and consequence of the crime; and (e) various sentencing conditions specified in the argument of this case, such as the circumstances after the crime, are too unfeasible and thus, the Prosecutor’s assertion 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.