도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment and two years of suspended execution, two years of protection observation, 40 hours of lecture course of compliance driving, community service 200 hours) is too unfluent and unfair.
2. In light of the fact that the court below sentenced the above sentence to the defendant on the ground that the sentencing as stated in its judgment was too unfasible, and that the defendant has a high level of alcohol content and two times criminal punishment due to driving under drinking, etc., the circumstances alleged by the prosecutor in the court below that the defendant claims for the reasons of sentencing unfavorable to the defendant in the court of original instance appear to have been sufficiently taken into account when determining the punishment in the court of original instance, and that the defendant shows a attitude that the defendant s/he s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s
shall not be appointed by a person.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.