도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, and forty hours of attending the law-abiding class) declared by the court below is too uneasible and unfair.
2. The Defendant had been punished four times due to drinking or unlicensed driving, and again committed the instant crime.
Blood alcohol concentration was also 0.210% high.
However, the defendant has no record of criminal punishment exceeding a fine, and the defendant has committed a violation of the mistake of crime in depth and has not committed a second offense.
In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.
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. It is so decided as per Disposition.