도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (the imprisonment of six months, the suspension of the execution of two years, and the suspension of the execution of forty hours) is too uneasible and unfair.
2. Before committing the instant crime, the Defendant is highly likely to be subject to criticism by the Defendant, such as driving under drinking without a license, even though he/she had been subject to criminal punishment twice due to driving without a license, even though he/she had a history of criminal punishment for driving without a license.
However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant's mistake is divided and reflected, and that there is no record of criminal punishment exceeding the fine, and other circumstances that form the conditions of sentencing as shown in the pleadings, such as the age, sexual conduct, environment, and family relationship of the defendant, it is difficult to evaluate that the sentence of the court below ordering the defendant to choose imprisonment and suspend the execution of the sentence, but it is too unafford that the sentence of the court below is too unafford and unfair.
Therefore, prosecutor's argument cannot be 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 appeal is without merit. It is so decided as per Disposition.