도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is unreasonable because the court below's punishment (two months of imprisonment, three years of suspended execution, three years of probation, forty hours of probation, 40 hours of probation, community service work, 200 hours of imprisonment) is too unfford;
2. The judgment of the defendant has four times the criminal history of punishment due to drunk driving, and in 2010, the defendant again committed the crime of this case even if he/she had been placed before the suspended sentence due to a traffic accident due to a drunk driving, etc. However, considering the fact that the defendant's blood alcohol concentration at the time of committing the crime was not significantly high, and other all the sentencing conditions indicated in the records and arguments of this case, such as the defendant's age, character and behavior, environment, and the circumstance of drinking driving, it cannot be deemed that the sentence of the court below is too unjustifiable and unreasonable.
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.