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 (the imprisonment of six months, the suspension of the execution of two years, the community service order80 hours, the order to attend a law enforcement lecture) is too uneasible and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, taking into account (i) the Defendant’s unfavorable circumstances; (ii) the Defendant had the record of being punished for a four-time fine due to drinking driving; (iii) the Defendant was under investigation by driving without a license; (iv) again, was under investigation by driving without a license; (iv) the Defendant was under investigation by driving without a license; (iii) the Defendant was under a favorable condition; (iv) the Defendant was under the suspicion of and against his/her own offense; and (iii) there was no record of being punished beyond the past; and (v) determined the Defendant’s punishment by taking into account the Defendant’s age, family environment, past
The sentencing of the lower court appears to have been conducted within the reasonable scope by fully taking into account the above conditions of the sentencing, and there is no change in the sentencing condition that can be deemed unfair to maintain the sentencing of the lower court as it is. Therefore, it is difficult to view that the lower court’s sentencing is unfair because it is too low.
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.