교통사고처리특례법위반등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended sentence, and forty hours of attending the law-abiding class) declared by the court below is too uneasy and unfair.
2. On November 8, 201, the Defendant had been subject to punishment on several occasions due to a violation of the Act on Special Cases concerning Drinking, Unlicensed Driving, and Traffic Accident Handling. On November 8, 201, the Defendant continued to drive a drinking or unlicensed driving while being tried by causing a traffic accident by drinking or unlicensed driving.
At the time, blood alcohol concentration was also 0.078%, 0.118%, 0.122%.
However, there is no criminal conviction exceeding a fine, and the criminal defendant's mistake in the crime of this case is divided, and it does not repeat again.
When the defendant supports three children with disabilities, such as mental retardation, and takes account of the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the records and arguments, it cannot be deemed 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 as it is without merit. It is so decided as per Disposition.