도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, and the community service order of 80 hours) on the summary of the grounds of appeal is deemed to be too uneasy and unreasonable.
2. It is recognized that the Defendant committed the instant crime by drinking alcohol while driving the instant alcohol again even though he/she had the record of punishment due to drinking alcohol driving.
However, in full view of the following circumstances: (a) the Defendant recognized the facts charged; (b) the drinking value is relatively low; (c) there is a family member to support; and (d) other circumstances that form the conditions for sentencing indicated in the record, such as the Defendant’s age, sex, environment; (b) circumstances leading to the commission of the offense; and (c) circumstances after the commission of the offense, the lower court’s sentence
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.