도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment of six months, the suspension of the execution of two years, the observation of protection, and each 40 hours’ compliance instruction and alcohol treatment instruction) is too uneased and unreasonable.
2. In full view of various sentencing conditions as shown in the instant argument, such as the following facts: (a) the fact that the Defendant had a large number of alcohol driving punishment records; (b) there is no record of punishment exceeding a suspended sentence; and (c) the record of the suspended sentence is about 10 years prior to the aforementioned suspended sentence, the lower court’s sentence is too unfeasible and unreasonable; and (d) the 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.