도로교통법위반(무면허운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (limited to 8 months of imprisonment, 2 years of suspended sentence, 320 hours of probation, 40 hours of community service, and 40 hours of compliance driving) that the court below made is too unfasible and unfair.
2. The Defendant committed the instant crime even though he had the record of punishment for drinking and driving without obtaining a license, and the Defendant’s blood alcohol concentration at the time of the instant crime was very high by 0.187%.
However, the defendant has been divided in depth and has not reoffended, and it is difficult for the defendant to support two daughters after the divorce.
In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.
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.