도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment, two years of suspended execution, and forty hours of compliance driving) is too uneased and unreasonable.
2. The Defendant assaulted a police officer who investigated the crime of drinking alcohol driving to inflict an injury and interfere with the performance of his duties at the same time, and destroyed the patrol vehicle. The above offense by the Defendant is necessary to establish the state’s legal order and to eradicate the danger of the public authority.
However, in full view of all the circumstances, including the Defendant’s age, sex, environment, home environment, circumstances leading to the instant crime, circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair, and thus, it cannot be deemed that the Prosecutor’s unfair assertion of sentencing is unfair, on the ground that the Defendant’s punishment is too unfasible, and thus, the lower court’s punishment cannot be deemed unfair, as it is too unfasible.
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.