도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of suspended sentence for one year of imprisonment, two years of probation, one hundred and twenty hours of community service, and forty hours of order to attend a lecture) of the lower court is deemed to be too unhued and unreasonable;
2. At the time of the instant case, the Defendant’s blood alcohol content exceeds 0.206%, and the Defendant’s past year 2008 has been punished for drunk driving and unlicensed driving, and in particular, in 2009 and 2011, there was a record of being sentenced to a suspended sentence due to unlicensed driving, respectively, and in 2012, there was a record of being sentenced to a suspended sentence. The Defendant committed the instant crime, even though he had been sentenced to a fine of 5 million won in spite of being sentenced to a suspended sentence during the period of the suspended sentence due to unlicensed driving, but there was a record of being sentenced to a fine of 5 million won in 2012. However, the Defendant recognized the instant crime, the Defendant appears to have committed the instant crime, and it appears to have been against the Defendant’s progress in committing the instant crime through one month’s confinement, and the Defendant’s favorable circumstances, such as the Defendant’s age, character and behavior, environment, the circumstances of the instant crime, and the result of the instant crime, etc.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.