도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended sentence, one hundred and twenty hours of community service, and forty hours of attending a compliance driving course) of the lower court is deemed to be too uneasy and unfair;
2. In full view of the elements of unfavorable sentencing, including the fact that the Defendant was subject to multiple criminal punishment for drunk driving, and that the blood alcohol level at the time of the commission of the crime was high 0.211%, and the elements of favorable sentencing, such as the Defendant’s disposal of the vehicle while not driving under the influence of alcohol, the Defendant’s disposal of the vehicle without driving under the influence of alcohol, and other favorable sentencing factors such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentence against the Defendant is too unjustifiable and unreasonable.
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.