도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (the imprisonment of eight months and the suspension of execution of two years) is too unhued and unfair.
2. The judgment of the defendant has a record of being punished three times by fine due to drinking or unlicensed driving, or twice a suspended sentence, and the defendant who repeatedly committed the crime of this case during the suspended sentence due to driving without a license and needs to be punished strictly.
However, there is a possibility that the defendant will repeat the unauthorized driver's license by disposing of the vehicle, and the defendant's family and his son will actively guide the defendant to prevent re-offending.
In full view of the following circumstances: (a) the fact that the Defendant is detained; (b) the Defendant is still faced with difficulties in supporting young children; and (c) the circumstances and result of the instant crime; (d) the Defendant’s character, conduct, environment, and age; and (e) the sentencing conditions specified in the instant records and arguments, such as the circumstances after the commission of the crime; and (e) the Defendant’s character, conduct, and age
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.