도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal (unfair sentencing) is that of the lower court’s punishment (i.e., 8 months of imprisonment, 2 years of suspended sentence, and observation of protection) so far as it is too unfasible.
2. The instant crime is a circumstance unfavorable to the Defendant, such as the Defendant’s driving without a driver’s license under the influence of alcohol with a alcohol level of 0.142%, and the nature of the relevant crime is not weak, and the Defendant has already been subject to criminal punishment of a fine of three times due to driving of alcohol.
On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake, that the defendant should support four children by negligence, and that the defendant will not repeat this mistake again.
It is hard to say that it is favorable to the defendant.
In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.