도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the punishment of imprisonment with prison labor for eight months, two years of suspended execution, and one hundred and twenty hours of community service for the defendant, and forty hours of compliance driving lectures is too unfford.
2. It is recognized that the Defendant had been punished for the violation of the Road Traffic Act prior to each of the instant crimes, and that there was a poor quality of the crime, such as driving without a license twice during the process of being tried for driving under influence of alcohol and driving without a license.
However, in full view of the following circumstances: (a) there was no past history of punishment as a suspended sentence or sentence for a crime of the same kind; (b) the Defendant is a basic livelihood recipient; (c) there is no economic condition as a basic livelihood recipient; and (d) the Defendant must divorced from his wife and support the children with the disability of class 3 and brain disease; and (d) other various circumstances that form the conditions for sentencing as indicated in the record, such as the Defendant’s age, environment, family relationship, occupation, and conditions before and after the crime, the sentence of the lower court
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.
(However, in accordance with Article 25 of the Rules on Criminal Procedure, it shall be corrected that "the details of revocation of driver's license" is added to the summary of the evidence in the judgment of the court below.