도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, two years of suspended sentence, 160 hours of community service order, 40 hours of order to attend a compliance driving lecture) of the court below is too unfasible and unreasonable.
2. Although the judgment defendant had been sentenced to a fine several times due to the same crime, the fact that the defendant committed the crime of this case is disadvantageous to the defendant.
However, in light of the following factors: (a) the Defendant had been issued a summary order on December 1, 2012 on May 21, 2013, and the period of time from May 201, 2013 to the instant crime; (b) the instant crime was committed before the enforcement of the current law increased by the statutory penalty; (c) the Defendant’s mistake and reflect in depth; and (d) the motive and background leading up to the instant crime; (b) the details of the relevant crime; (c) the Defendant’s age, character and conduct, and environment, and other various sentencing conditions indicated in the record, the sentence imposed by the lower court against the Defendant cannot be deemed unfair because it goes beyond the reasonable scope of discretion.
3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the appeal is groundless