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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and eight hours of community service order) is too uneased and unreasonable.
2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.
(Supreme Court Decision 2015Do3260 Decided July 23, 2015). As pointed out by the prosecutor, the Defendant was sentenced to a fine of three million won in 2008 due to a violation of the Road Traffic Act (unlicensed Driving), a suspended sentence in 2009, and a fine of three million won in 2012, respectively.
As such, it is very serious that the defendant, even though he had three times or more of a licenseless driving for a period of four years, once again conducts a driving without a license.
However, the court below seems to have made the above sentencing determination in consideration of all the sentencing conditions as shown in the records and arguments of this case, such as the fact that the defendant is against himself, the fact that the vehicle is scrapped, the vehicle is scrapped, the situation that the driver will not drive again, the circumstances that may be taken into account by driving for his family's livelihood, and the defendant's age, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., and it does not seem that the above judgment exceeded the reasonable limit of discretion even considering the above circumstances.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.