도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (two months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.
2. The Defendant, including once a suspended sentence, has the history of being punished four times or more due to drinking driving, and the distance of driving the vehicle with a blood alcohol concentration higher than 0.142% at the time of the instant case is 10km.
However, the defendant has been divided in depth, and the vehicle operated was disposed of.
A certain period of time has elapsed from the time of the last punishment due to drinking driving, there is no record of punishment sentenced, and family members should be supported.
In light of such circumstances and other conditions of sentencing as the Defendant’s age, character and conduct, environment, background and consequence of the crime, etc., the lower court’s sentencing that the sentence of suspended execution once more times so that the Defendant may have an opportunity to reflect within society does not seem to be too unfortunate and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.