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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment for a term of one year, two years of suspended sentence, 80 hours of community service order, and 40 hours of a compliance driving lecture) of the court below against the defendant is too uneasible and unfair.
2. Determination as follows: (a) the act of driving a drinking without a license is highly likely to cause harm to the life and body of another person as well as his/her own; (b) the nature of the crime is not weak; and (c) the Defendant’s failure to comply with the measurement of drinking without justifiable cause is not good; and (d) the Defendant has eight criminal records on criminal punishment due to driving without a license for driving without a license for drinking, and (e) two times of which are the criminal records of the suspension of execution or more.
However, considering the facts and motive leading up to the crime of this case, the defendant's confession of each of the crimes of this case and reflects his mistake, the past records of 1996 and 2005, and the violation of the Punishment of Violences, etc. Act were combined, and it is difficult to see that the sentencing was about driving without drinking license. The defendant living alone after his divorce with his wife in 2004 and the economic situation is not good, and the defendant applied for credit recovery in 201. The defendant filed an application for credit recovery in 201. Since the construction office after this case, the construction office after this case is operated, the defendant is faithfully living in good faith for the repayment of debts, and the defendant does not repeat again, and other favorable circumstances such as the circumstance and motive leading up to the crime of this case, the circumstance and motive leading up to the crime of this case, the defendant's age, character and character, family relationship, occupation, etc. after the crime, the prosecutor's assertion that the judgment of the court below is too unjustifiable and unreasonable.
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.