도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of suspended sentence in eight months of imprisonment and forty hours of order to attend a compliance driving lecture) that the court below sentenced the defendant is too unfasible and unfair.
2. The judgment is recognized that the defendant had already been sentenced to a total of twice punishment including one suspended sentence due to drinking driving, and that the blood alcohol concentration in this case exceeds 0.139%.
However, it is recognized that the defendant recognized the crime of this case, sold the vehicle, sold the vehicle, and did not drink the drinking, there is no criminal conviction against the defendant, there is a family member to support the defendant, the health of the defendant is not good, and the economic situation is difficult.
In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.