도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, three years of suspended sentence, three years of probation, community service order, 80 hours of community service order, 40 hours of compliance driving lecture) is too uneased and unreasonable.
2. The Defendant committed the instant crime during the period of suspended execution due to driving without a license (However, the period of suspended execution is limited to now), and the Defendant has already been punished six times due to driving without a license (including two times suspended execution).
However, the Defendant reflects the facts charged, and there are circumstances to consider that the date of the instant crime is eight (8) days before the expiration of the suspended sentence.
In addition, comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the lower court’s sentence is not deemed unreasonable.
3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.