도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (limited to 8 months of imprisonment, 2 years of suspended execution, 40 hours of compliance driving lectures and alcohol treatment lectures) that the court below pronounced is too unfasible and unfair.
2. The Defendant has a record of being punished by a fine on two occasions due to drunk driving.
At the time of the instant crime, the Defendant’s blood alcohol concentration was considerably high by 0.172%.
However, the defendant does not have any record of criminal punishment in addition to the above punishment of the fine, and does not repeat the crime by treating the vehicle owned by committing the crime in depth.
At present, the defendant is currently preparing for employment while taking part in college students.
In addition, in full view of the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, and all the sentencing conditions shown in the records and pleadings, the sentence imposed by the lower court 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.