도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution, surveillance of protection, community service order 80 hours, and 40 hours of lecture for compliance driving) is too unfasible and unfair.
2. The conclusion that the Defendant had the record of punishment several times for the same crime, and that he/she had been sentenced to suspended sentence on April 28, 2016 due to a violation of traffic laws (unlicensed driving) on the road, and that he/she was driving the instant non-licensed driving of the instant case is disadvantageous to the Defendant.
However, the defendant's mistake is divided and does not repeat the crime.
When comprehensively taking into account all the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., which are favorable to the Defendant, and the fact that the lower court’s sentence is too unjustifiable and unfair, is to be determined simultaneously with the crime of violating the Road Traffic Act (unlicensed driving) as indicated in the judgment of the lower court that became final and conclusive.
Therefore, the prosecutor's above 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.