도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a prison term of six months, a suspended sentence of two years, a surveillance of protection, an order to attend a law enforcement lecture of 40 hours, an order to provide community service order of 80 hours, etc.) is too uneasy and unreasonable.
2. The judgment of the defendant has a history of being subject to criminal punishment several times for the same kind of crime, such as driving without a license or driving under drinking, and in particular, he/she again committed the instant crime only for three months after being sentenced to a summary order of KRW 5 million on May 27, 2016 due to driving without a license on May 27, 201, and again committed the instant crime, and even after the instant crime, he/she was tried to commit the same kind of crime, it is reasonable to place the defendant on a strict punishment.
However, there are favorable circumstances for the defendant, such as the fact that the defendant recognized the crime of this case and against the mistake, and that there is no other crime such as causing traffic accidents in addition to unauthorized driving, etc.
In addition, comprehensively taking account of the fact that there is no special change in circumstances that the original judgment and the punishment are different from the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, motive, means, and consequence, the lower court’s punishment is too uneasible and it does not seem unfair.
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.