도로교통법위반(무면허운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the two-year probation period, the observation of protection, and the order to attend a law-abiding driving instruction of 40 hours in the period of imprisonment with prison labor for three months) that the court below sentenced is too uneasible and unfair.
2. The fact that the defendant has been punished several times for the same kind of crime in a short term, and that he/she has continued to drive without a license while driving without a license is disadvantageous to the defendant.
However, the defendant does not repent his mistake and repeat his offense.
When comprehensively taking into account the circumstances favorable to the defendant, such as the fact that there is no history of punishment exceeding a fine due to the same kind of crime, the fact that there is a family member to support the defendant, and all of the sentencing conditions indicated in the instant case, such as the defendant's age, sexual conduct, environment, health condition, circumstances after the crime, etc., the sentence of the court below is too uneasible and 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.