도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unfasible that the lower court’s punishment (two months of imprisonment, two years of suspended sentence, one year of observation of protection, one year of community service work, 40 hours) is too unfased.
2. Determination
A. The Defendant committed the instant crime even though he/she had been punished several times due to drinking and driving without a license, and the driving of drinking is likely to cause harm to the life and body of others as well as the driver himself/herself, and thus there is a need to strictly punish it, and the Defendant has been absent several times in the trial of the lower court, and is disadvantageous to the Defendant.
B. However, comprehensively taking account of the following circumstances: (a) the Defendant led to the confession of and against the instant crime; (b) the Defendant’s driving force of drinking alcohol was a fine that has been more than five years since the instant crime was committed; and (c) the Defendant’s age, circumstances leading up to the instant crime; and (d) other circumstances that form the conditions for sentencing specified in the instant argument, such as the circumstances after the commission of the crime, the sentence of
(c)
Therefore, the prosecutor's above assertion is without merit.
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 prosecutor's appeal is without merit. It is so decided as per Disposition.