사문서위조등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, the two years, the instruction of compliance driving lectures, the community service hours of 40 hours, the 120 hours) is too uneasible and unfair.
2. The following determination is an unfavorable circumstance to the Defendant.
The crime of this case was committed by the Defendant while driving a cargo vehicle under drinking or without a license, and when it was controlled by drinking, it was presented to the control police officer by putting another person's resident registration number and signing another person's name in the report on detection of the driver at the main place in order to avoid punishment. It is not very good in light of the method of crime.
The Defendant had a record of having been punished for a fine for drinking driving once, and the driver's license was revoked accordingly, and again, the Defendant was driving a drinking or non-exclusive license without being aware of it.
On the other hand, it is favorable that the defendant reflects his mistake, and that the defendant has no record of criminal punishment exceeding the fine.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.