도로교통법위반(무면허운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months and 2 years of suspended sentence, community service order 80 hours, and 40 hours of order to attend a compliance driving lecture) of the lower court is too uneasible and unreasonable.
2. In the same case, the defendant has been punished several times for the same kind of crime, including suspended execution, and the crime is very poor, such as avoiding punishment by using another person's identification card as a result of the crackdown on drinking driving.
The defendant's blood alcohol concentration was higher than 0.124%, and the driver's distance was also 10km so that the defendant's strict punishment is recognized.
However, the defendant did not repeat the crime of this case in a profound proportion to the error of the crime of this case.
There is no history of criminal punishment exceeding the suspended sentence against the defendant, and it is also recognized that the defendant must support his/her family.
In addition, comprehensively considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence of the court below cannot be deemed unfair because it is too uneasible.
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.
(However, in the second sentence of the judgment of the court below, the defendant's "in the Daegu District Court" is obvious that "the defendant is a clerical error in the Daegu District Court on October 19, 2009," and such correction is made pursuant to Article 25 (1) of the Rules on Criminal Procedure.