도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the lower court on the Defendant (ten months of imprisonment, two years of suspended sentence, and forty hours of compliance driving) is too uneasible and unfair.
2. On January 29, 2016, in light of the following facts: (a) the Defendant’s blood alcohol concentration was 0.131% and 0.209% at the time of each of the instant crimes; (b) the Defendant was punished for the same kind of crime; and (c) the Defendant’s driving without a driver’s license on January 29, 2016, caused a serious traffic accident that was installed on the road (Provided, That the physical damage was not verified;) the Defendant needs to be punished strictly.
On the other hand, it is reasonable to take into account the fact that the defendant led to the confession of the crime and reflects on the fact of the crime, the 10-year driving of drinking prior to the crime of this case was punished once a fine is imposed, and the 5-year driving of a license without a license, and the driving of drinking or non-licenseing alone did not have any criminal record of probation or higher.
In addition, the lower court did not recognize that the sentence against the Defendant was too unafford, and that there was no special change in the judgment of the Defendant in light of the overall circumstances, and all other circumstances that form the conditions for sentencing as shown in the records and arguments of the instant case, including the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime.
3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.