도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence of six months, one hundred and twenty hours of community service, forty hours of lectures to comply with law, and forty hours of alcohol treatment) is too unfford and unfair.
2. Determination is recognized that the Defendant has a record of being punished twice a fine due to drinking driving, and that the blood alcohol concentration in the blood is 0.154% and the numerical value is high.
However, taking into account the following circumstances: (a) the Defendant’s mistake is divided; (b) there is no history of punishment heavier than a fine; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (d) all of the sentencing conditions stated in the pleadings of the instant case, such as the motive, means and consequence of the instant crime; (b) the lower court’s punishment is too unaffortable and unfair
Therefore, 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.