도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (two years of suspended execution for six months of imprisonment, 80 hours of community service, and 40 hours of instruction of compliance driving) on the summary of the grounds of appeal is deemed unreasonable because it is too unfasible.
2. The Defendant, even though having been sentenced to punishment for driving under drinking, was driving again under the influence of alcohol, and committed the instant crime.
However, in full view of all the sentencing conditions indicated in the record, such as the fact that the defendant recognized the facts charged and reflects the facts charged, and the age, sex, environment, circumstances leading to the crime, and circumstances after the crime, the lower court’s sentence is unafford and thus is not deemed unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.