도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (the term of eight months of imprisonment, the suspension of the execution of two years, and the order to attend a law-abiding lecture of forty hours) is too uneased and unreasonable; and
2. The judgment of the defendant committed the crime of this case again even though he had the record of punishment for the same kind of crime two times, and the crime of this case is not good in light of the blood alcohol concentration (0.211%) or the distance (10km) operated at the time of the crime of this case.
However, in full view of the following facts: (a) the Defendant recognized his mistake in its entirety and subsequently decided not to stop such crime; (b) there is no record of punishment exceeding the suspension of execution; (c) there is still no history of support for a minor’s child; (d) the most and health condition of the Defendant’s wife is not good; and (e) the Defendant’s father and wife wanting to leave his wife; and (e) other various sentencing conditions and arguments, such as the Defendant’s age, environment, occupation, motive for the crime, and the circumstances after the crime, etc., the lower court’s sentence against the Defendant is too unjustifiable and unreasonable.
3. Therefore, 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.
(However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the "Game-si" in the facts constituting the crime of the original court shall be corrected to "Yju-si".