도로교통법위반(무면허운전)등
The prosecutor's appeal is dismissed.
1. In light of the overall sentencing conditions in the grounds of appeal, the sentence of the lower court (the imprisonment for eight months, two years of suspended sentence, two years of probation, two years of community service order, 80 hours of community service order, 40 hours of compliance driving course) is too uneasible and unfair.
2. In light of the fact that the defendant repeatedly commits the instant crime even though he/she had the record of being sentenced to a fine on five occasions (two occasions of driving without a license and three times of driving without a license) for the same crime, the defendant should be punished strictly.
However, in full view of the following facts: (a) the Defendant recognized all of the instant crimes and divided in depth; (b) the distance of the Defendant’s driving is shorter than 10 meters; (c) the Defendant has no record of punishment heavier than a fine; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (b) other various sentencing conditions specified in Article 51 of the Criminal Act, such as the circumstances after the commission of the instant crime, such as the Defendant’s age, character and conduct, environment, motive and consequence of the
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.