도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is too unfasible that the sentence imposed by the court below against the defendant (the imprisonment of eight months, the suspension of the execution of two years, the probation, the order to attend a law-abiding lecture, the community service order of 120 hours) is too unfasible.
2. According to the judgment, the Defendant committed the instant crime under the name of four times including one time, for which the Defendant was punished due to drinking driving under the influence of alcohol, and the driving under the influence of alcohol is an offense that may cause serious harm to the life and body of another person, and requires strict punishment in a very large size.
On the other hand, the fact that the defendant is recognized as all of his criminal acts, the fact that the defendant's blood alcohol concentration was not high at the time of driving and the distance of driving seems to have been shorter, and the criminal records of the defendant's drinking driving seems to have been refrained from drinking in recent years because of the previous around 2009.
In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the Defendant, character and conduct, family relationship, environment, occupation, etc., the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s allegation above is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.