도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (two months of imprisonment, two years of suspended execution, and forty hours of each order to provide community service and to attend a law-abiding lecture) is deemed too unhued and unreasonable.
2. The facts that the judgment defendant has been punished several times for the same crime are disadvantageous to the defendant.
On the other hand, considering the favorable circumstances for the defendant, such as the fact that the defendant is against the crime and has no record of punishment exceeding the fine, and the sentencing conditions indicated in the records, such as the age, sex, environment, and circumstances after the crime, it is difficult to view that the sentence of the court below is too unfeasible and unfair.
Therefore, the prosecutor's above 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.