도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (two years of suspended execution for six months of imprisonment, 80 hours of community service, and 40 hours of instruction of compliance driving) on the summary of the grounds of appeal is deemed unreasonable because it is too unfasible.
2. The judgment of the Defendant committed the instant crime by driving under the influence of alcohol and driving without a license, even though he had been punished twice due to driving under the influence of alcohol.
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. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.