도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of four months, the suspension of execution of two years, and the community service time of 80 hours) is deemed to be too unhued and unreasonable.
2. Since around 2000, the Defendant had been subject to punishment twice (one-time suspended sentence, one-time fine) due to driving without a license (one-time suspended sentence). In addition, the Defendant was driving without a license on the other hand.
However, the Defendant is against the charge, and there is no record of punishment for drinking or driving without a license after being punished by a fine due to driving without a license in 2010. In full view of all the sentencing conditions indicated in the record, including the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s sentence is unscheduled and is not deemed unfair.
3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.