The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal is that the defendant driven a cargo vehicle while under the influence of alcohol 0.064% without a driver's license, and when it was discovered to the police officer, the defendant forged a report on the state of drinking driver's status statement under E in the name of E, face-to-face personal information of the defendant, and used it to the police officer. The case is serious that the defendant, after installing the victim's heavy air-conditioner, stolen 4.50,00 won from the victim, he attempted to flee at the time of detection of the above drinking driving; the defendant attempted to flee; the drinking driving is also necessary to strictly punish the defendant; the criminal power similar and similar to the defendant is seven times, and the defendant did not reach an agreement with the victim, etc., the sentence of imprisonment (the suspension of the execution of imprisonment with prison labor for August 2, 200, 40 hours, and 160 hours) issued by the court below is unreasonable.

2. Taking into account the above circumstances alleged by the public prosecutor, the following circumstances are considered: (a) the Defendant was committed by confessioning the entire crime of this case and reflecting the depth of the crime; (b) the Defendant committed the crime by stealing personal information about pro-Japanese who tried to capture the unpaid status of the fine, thereby forging and using the said private document; (c) the Defendant himself stated on May 21, 2012 that he was driving on his own to the police officer in charge; (d) the Defendant’s drinking level is relatively minor; (c) the amount of damage caused by the Defendant’s fraud is relatively minor; (d) the Defendant did not have any criminal force beyond the suspension of execution related to the crime of violation of the Road Traffic Act (driving) or the crime related to fabrication of private documents or fraud; and (d) there was no other criminal records related to the Defendant’s character, conduct and environment; (e) the background and consequence of the instant crime; and (e) the circumstances after the commission of the crime.