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 (six months of imprisonment, two years of suspended sentence, two years of probation, observation of protection, and 40 hours of order to attend a compliance driving) is too unhued and unreasonable.
2. Determination of the Defendant’s blood alcohol concentration relatively high, and the Defendant’s repeated the instant crime in a period of three months thereafter despite the fact that he/she had been punished twice due to the same kind of crime.
However, in full view of the favorable circumstances, such as the fact that the defendant is divided into and against his mistake, the fact that the defendant does not repeat the crime, the fact that there has been no record of crime that exceeds the fine so far, and all of the sentencing conditions indicated in the instant case, such as the defendant’s age, sex, environment, circumstances and result of the instant crime, etc., the court below’s punishment is too unfeasible and unfair, and thus, the prosecutor’s above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.