도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of suspended sentence for six months of imprisonment, 80 hours of community service, and 40 hours of compliance driving) declared by the court below is too uneased and unreasonable.
2. The judgment of the defendant has a history of having been sentenced to criminal punishment on several occasions for crimes related to the driving of motor vehicles, and even though he/she was sentenced to heavy punishment, he/she is deemed to have the necessity of taking strict responsibility for the crime of this case.
However, in full view of all the circumstances, including the Defendant’s age, character and behavior, environment, occupation, circumstance and contents leading to the instant crime, and circumstances after the instant crime, etc., the sentence of the lower court cannot be deemed to be excessively unjustifiable, and thus, it cannot be deemed that the sentence of the lower court is unreasonable, in view of the following: (a) the Defendant led to the confession and reflect of the instant crime; (b) the Defendant did not have any particular criminal history since 2009; and (c) the Defendant’s blood alcohol concentration at the time of the instant crime.
Therefore, 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. It is so decided as per Disposition.