도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended execution, and forty hours of the law-abiding driving lecture) is too uncomfortable and unfair.
2. It is recognized that there are many kinds of records that the defendant was punished for the same crime, that the blood alcohol concentration of the defendant at the time of driving under the influence of alcohol in this case is very high to 0.135%, and that the operation section is not short.
However, in full view of the following circumstances: (a) the Defendant recognized the facts charged in the instant case; (b) the Defendant did not repeat the instant case; and (c) the Defendant’s age, environment, occupation, family relationship; (d) background leading to the instant crime; and (e) circumstances leading to the instant crime; and (e) circumstances after the commission of the crime, etc., the sentence imposed by the lower court is deemed unreasonable.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.