도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, and forty hours of an order to attend a compliance driving lecture) declared by the court below is too unfasible and unreasonable.
2. In view of the fact that the accused had been punished twice due to drinking driving even before, and again committed the instant crime, and that the blood alcohol level was high 0.126%, there is a need to strictly punish the accused.
However, there is no history of punishment heavier than a suspended sentence, and the distance of driving a motor vehicle under the influence of drinking or non-license of this case is about 100 meters, and it does not cause any traffic accident.
In addition, in full view of all the sentencing conditions shown in the records and arguments, such as the defendant's age, family relationship, character and conduct, environment, etc., the sentence imposed by the court below cannot be deemed unfair because it is too uneas
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.