도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year of imprisonment, three years of suspended execution, 40 hours of an order to attend a law-abiding lecture, 120 hours of community service order) is too uneasible.
2. Determination: (a) the Defendant has already been punished by a fine due to a violation of the Road Traffic Act (driving) and, in particular, the Defendant committed a crime of drinking on November 10, 2017, which was punished by a fine on September 8, 2017; (b) repeated driving under the influence of alcohol; (c) the blood alcohol concentration was higher than 0.109% and 0.138%; (d) there was a danger to road traffic; (e) the traffic accident was actually occurred on November 10, 2017; and (e) the Defendant did not agree with the victim of the assault.
However, it is also recognized that the defendant recognizes all of the crimes of this case and reflects, there is no previous conviction exceeding a fine, recidivism, the degree of assault against the victim K is relatively weak, and the mother who is not good in health should support.
In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.