도로교통법위반(무면허운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (two years of suspended sentence in August and forty hours of attending lectures for compliance driving) is too uneasible and unfair.
2. Even though the Defendant had been punished four times in total due to a violation of the Road Traffic Act (drinking driving), the Defendant’s act of drinking and driving without a license is disadvantageous to the Defendant, and the fact that the blood alcohol concentration at the time of the instant crime is considerably high by 0.161%.
However, the circumstances favorable to the defendant are that the defendant recognized the crime of this case and reflected, and that there is no past record of suspended execution or above, etc.
In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court 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.