도로교통법위반(음주운전)
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, and forty hours of attending community service and law-abiding lecture) is too uneased and unreasonable;
2. The lower court sentenced the above punishment in consideration of various sentencing conditions, such as the fact that the Defendant had been punished twice due to the same drinking driving, the Defendant’s blood alcohol concentration significantly high, the Defendant showed an attitude to recognize and reflect his/her mistake, and the Defendant did not have any criminal record higher than that of the suspended sentence. There are no special circumstances or changes in circumstances that may be newly considered in sentencing after the lower judgment was sentenced.
In addition, comprehensively taking account of the Defendant’s age, character and conduct, motive and background of the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion, as it is too unhued.
The prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.