사문서위조등
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (one year of imprisonment, two years of suspended execution, one hundred and sixty hours of community service, and forty hours of attending a compliance driving course) is deemed to be too uneasible and unfair.
2. The crime of this case is under the influence of alcohol level of 0.147% without obtaining a driver's license, and is not under the quality of the crime as a matter of submitting a report on the circumstantial statement of the drinking driver. However, there are extenuating circumstances such as the defendant's voluntary appearance at the police and confession of the crime, and the victim expressed his intention to seek the Defendant's wife's identity theft.
In addition, considering all of the sentencing conditions indicated in the instant case, such as Defendant’s age, living environment, motive, details and consequence of the crime, and circumstances after the crime, the sentence of the lower court is adequate.
3. The appeal by the prosecutor of the conclusion 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.