도로교통법위반(무면허운전)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (four months of imprisonment) is too unhued and unreasonable.
2. The Defendant repeatedly committed the instant crime even though he/she had been punished several times for the same crime, and in particular, committed the instant crime only one month after being released without being aware of the fact that he/she committed the instant crime even though he/she was a repeated crime due to the violation of the Road Traffic Act (e.g., refusal to measure drinking), and that he/she caused a traffic accident at the time of the instant crime.
However, the defendant does not commit a second offense because he or she repents his or her mistake and reflects his or her mistake.
In light of the favorable circumstances, such as the fact that the court below's punishment is too unfasible and unfair, in light of all the sentencing conditions in the instant case, such as the age, sex, environment, circumstances and result of the instant crime, etc., the prosecutor's assertion is without merit.
3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 346(4) of the Criminal Procedure Act, and it is so decided as per Disposition.