도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, and forty hours of lecture of compliance driving) declared by the court below is too unfasible and unfair.
2. The Defendant committed the instant crime again with the record of being punished three times by a fine due to drunk driving.
Blood alcohol concentration was also 0.108% higher.
However, the two times of drinking driving of the above three times is relatively old and has been punished in 2002 and 2010, and the defendant has not committed a second offense, such as scrapping of a vehicle, in light of his depth, and it does not cause a traffic accident.
There is also a situation in which the defendant is in Grade 6 of visual disability and is making it difficult for him to work in the construction site.
In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.