도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The lower court’s punishment (one year and six months of imprisonment, two years of suspended execution) is deemed to be too unhued and unfair.
2. The lower court determined that the Prosecutor had already been sentenced to punishment by fully taking account of all the circumstances, including the circumstances alleged as the grounds for appeal.
All of the crimes of this case are recognized by the Defendant, and there is no record of criminal punishment exceeding the fine.
The blood alcohol concentration of the instant case is not relatively high.
In addition, even if all the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, are re-examineed, the sentence of the court below is too weak.
Therefore, prosecutor's assertion is not accepted.
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.