도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (eight months of imprisonment, two years of suspended execution, two years of community service order, 120 hours of community service order, and 40 hours of lecture to comply) is too uneasy and unreasonable.
2. Determination of the Defendant’s blood alcohol concentration relatively high, the Defendant repeated the instant crime despite having been punished three times due to driving of alcohol, and the Defendant caused the instant traffic accident at the time of the instant case.
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.