도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is as follows: (a) the Defendant had been punished several times for the violation of the Road Traffic Act (three times a suspended sentence of imprisonment, and five times a fine) or the violation of the Road Traffic Act (non-licensed driving) in the past; and (b) in particular, in the Changwon District Court’s narrow support on April 27, 2012, the Defendant was sentenced to two years a suspended sentence of ten months for the violation of the Road Traffic Act (non-licensed driving) and was sentenced to two years a suspended sentence on May 5, 2012; and (c) the Defendant again committed the instant crime even if he had been subject to suspended sentence after the judgment became final and conclusive on May 5, 2012, the sentence (three million won a fine) of the lower court
2. Taking into account the circumstances alleged by the prosecutor in the judgment, the following circumstances are considered: (a) the Defendant confessions and reflects the Defendant; (b) the distance from the Defendant’s driving due to a simple without a license is relatively short; (c) the Defendant obtained a driver’s license but revoked on March 2, 2011; (d) it is difficult to view that the Defendant itself is highly dangerous in driving without a license; (c) the Defendant is willing not to repeat again; (d) the Defendant is at the location to support his/her mother and his/her father; and (e) the Defendant’s character, conduct and environment; (e) the background and consequence of the instant crime; and (e) the circumstances after the instant crime, etc., which are conditions for sentencing as shown in the oral argument, the Prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.