도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment of eight months, the suspension of the execution of two years, and the lecture hours of compliance driving 40 hours) is too uneasible and unfair.
2. Although the Defendant could have been punished for such an offense as drinking, unlicensed driving, etc., the Defendant committed the instant crime by driving again and driving without a license.
However, in full view of all the circumstances in the record, including the fact that the Defendant recognized the facts charged, the fact that there is no criminal record other than the fine, the Defendant’s age, sex behavior, environment, circumstances leading to the commission of the crime, and the circumstances after the commission of the crime, the lower court’s sentence is unhurd and thus is unreasonable.
3. As such, 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 by the court below (Provided, That the application of the judgment of the court below, “1. Selection of punishment: Imprisonment with prison labor” is obvious that it is a clerical error, and it is corrected ex officio as it is corrected to add it).