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. In light of the circumstances at issue, such as the Defendant’s previous convictions due to driving (3 times) of drinking alcohol and driving without a license (1 time), the Defendant’s mistakes against the Defendant, and there is no record of criminal punishment exceeding the fine. In addition, in full view of the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, sexual behavior, and environment, etc., the lower court’s punishment is too uneasible and unreasonable, 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.