도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable since the sentence imposed by the court below on the defendant (two years of imprisonment with prison labor for a year, two years of probation, community service, or order to attend a lecture) is too unfas
2. The Defendant is driving a motor vehicle without a license under the condition that the blood alcohol content is 0.208%.
As the case is discovered, the two months have not passed from it, and again, the case of operating an automobile without a license in the state of blood alcohol concentration of 0.175% is not only the case but also the quality of the crime is also poor.
In addition, the defendant did not reflect the fact that the same criminal history reaches four times and all of them were punished by a fine, and there is a reason to leave the crime of this case again.
However, taking into account the following circumstances: (a) the Defendant recognized all of the instant crimes; (b) the Defendant did not have any punishment heavier than a suspended sentence due to the same type of crime; (c) the Defendant did not have been sentenced to a punishment heavier than a suspended sentence for the same crime; (d) the Defendant would be expected to have been given an opportunity to live in a sincere life different from that of the transfer by being employed in a new workplace; and (e) the Defendant’s age, environment, family relationship, circumstances leading to the instant crime, and circumstances before and after the instant crime; and (e) the sentencing conditions indicated in the record, such as the Defendant’s age, environment, and family relationship
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.