도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that of the lower court’s punishment (one year of imprisonment, two years of suspended execution, and order to attend a course) is too unhued and unreasonable;
2. The defendant has a record of criminal punishment of a fine twice due to a drunk driving.
However, in full view of all the circumstances revealed by the arguments and records of the instant case, including the fact that there was no punishment of imprisonment or heavier punishment prior to the instant case, the Defendant’s age, character and conduct, the background of the crime, and the circumstances after the crime, etc., the lower court’s punishment is deemed unreasonable because it is too unreasonable, including the fact that probation is not imposed.
3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.