도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s sentence (two years of suspended sentence for six months of imprisonment, forty hours of lecture participation in compliance driving, and forty hours of alcohol treatment) is too uneasible and unreasonable.
2. The judgment is disadvantageous to the Defendant, even though he/she was punished several times for a like crime, again he/she has driven the drinking of this case, and caused a traffic accident.
On the other hand, it is favorable for the defendant to recognize and reflect his mistake, and there is no record of 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., and the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too uneasible and thus, cannot be deemed unfair. Therefore, the Prosecutor’s assertion is without merit.
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.