도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (8 months) is too unhued and unreasonable.
2. The judgment that the defendant reflects the crime is the circumstances favorable to the defendant.
On the other hand, the following is disadvantageous.
The Defendant had a record of criminal punishment on several occasions, including punishment on one hand due to driving without a license, and committed the instant crime again during the period of repeated crime, which has not been long since he/she was sentenced to imprisonment for eight months due to driving without a license, etc.
It is necessary to strictly punish the defendant in light of the defendant's non-licensed driving habits and the attitude of law-abiding consciousness.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, on the grounds that the lower court’s punishment is too uneasible and it is not deemed unfair.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.