도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (limited to imprisonment for up to eight months, suspension of execution for two years, community service 40 hours, and 40 hours for compliance driving lectures) that the court below made is too unhued and unreasonable.
2. The Defendant was sentenced to a fine in 2006 and 2008 due to drunk driving.
At the time of driving each of the instant drinking, the Defendant’s blood alcohol concentration reaches 0.162%,0.102%, and its numerical value is high.
However, the defendant was sentenced to a fine on two occasions for the last ten years with respect to driving without a license for drinking and without a license, and there is no punishment for exceeding it.
The defendant is divided in depth into the crime of this case, and the defendant does not repeat the crime of this case, and there are circumstances that support four children.
In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence imposed by the court below cannot be deemed unfair because it is too uneasible.
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.