도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s sentence (two years of suspended execution in the month of imprisonment with prison labor, two years of probation observation, and forty hours of instruction in compliance driving) is too uneased and unreasonable.
2. The Defendant again committed the instant crime of driving without a license even though he/she had been punished twice due to driving without a license for drinking, and even though he/she was on the street, he/she had caused the instant case to become a living for his/her occupation.
Even if drinking driving is a crime that may cause a great harm to unspecified people, and thus, it is very dangerous that the society needs to strictly punish it.
However, in full view of the fact that the Defendant is in profoundly against the Defendant’s mistake and did not cause an accident, and the circumstances of the instant crime, the circumstances after the commission of the crime, the Defendant’s age, sexual behavior, and environment, etc., the Prosecutor’s assertion is without merit, on the ground that the lower court’s punishment is too uneasible and unreasonable.
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.