도로교통법위반(무면허운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of 8 months and 200,000 won, and each suspended sentence of 2 years) is deemed unreasonable.
2. Determination is recognized that the Defendant has been punished for a license without permission or drinking driving multiple times in the past, and repeated the same crime even after it was controlled by the first unauthorized driving, etc.
However, in full view of the following: (a) the Defendant appears to have committed the instant crime; (b) the Defendant is running a newspaper delivery business to maintain his livelihood; (c) the Defendant appears to have driven a motor bicycle to that end; (d) the Defendant appears to have retired from employment due to a workplace that is not required to drive; and (c) the Defendant has no record of criminal punishment more than past suspension of execution; and (d) other factors of sentencing as indicated in the records and theories of the instant case, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the instant crime; and (e) the circumstances after the commission of the instant crime, etc., the sentence imposed by the lower court is too una
subsection (b) of this section.
Therefore, prosecutor's assertion is not accepted.
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 prosecutor's appeal is without merit. It is so decided as per Disposition.
However, the "execution of sentence" in the 4th sentence of the judgment of the court below is clear that the execution of the above sentence is a clerical error in the "Article 62-2 of the Criminal Act" in the "execution of 1. suspended sentence" column of "Article 62-2 of the Criminal Act". Thus, the "execution of sentence" in the 4th sentence of the court below is correct.
In addition, it is evident that the crime of violation of the Automobile Management Act and the crime of unlawful use of air defense in the judgment of the court below are in a mutually competitive relationship. Thus, in the “1. Selection of punishment” column of the judgment of the court below, the phrase “violation of the Automobile Management Act” should be deleted by misunderstanding.