도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (including six months of imprisonment and two years of suspended sentence, etc.) is too uneasy and unreasonable.
2. The crime of this case is a situation unfavorable to the defendant, where the defendant drives a vehicle while under the influence of alcohol 0.238%, and the quality of the crime is not weak. The defendant already has the record of criminal punishment of fines three times due to the same crime, and driving of alcohol is a crime that may cause serious harm to the life and property of others, and thus, it is necessary to strictly punish the defendant.
On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake in depth, that there is no past history of criminal punishment heavier than the fine, and that there is no good health, and that the defendant must support the mother and the wife, etc. that are favorable to the defendant.
In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, 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 as it is without merit. It is so decided as per Disposition.