도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (the imprisonment of eight months, the suspension of the execution of two years, and the 40 hours of compliance driving) is too uncomfortable and unfair.
2. On the other hand, the fact that the defendant was punished five times for the same crime, and even though he was punished five times for the same crime, the fact that he was driving the driverless license of this case is disadvantageous.
On the other hand, there are favorable circumstances such as the fact that the defendant led to confession and reflects on the facts of crime, that the defendant drives without a license for drinking, that the alcohol concentration in blood at the time of driving the drinking of this case is very high to 0.08%, and that the defendant has no criminal record of probation or higher.
The lower court, including the aforementioned circumstances, determined the punishment by fully taking into account the overall circumstances of the Defendant and determined within a reasonable scope.
In addition, there is no circumstance that can be newly considered in the judgment of the court, so the sentence of the court below is too unfasible and unfair.
3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.