도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (one year of imprisonment, one year of suspended execution, 40 hours of lecture in compliance driving, and 40 hours of community service) is deemed to be too uneasible and unfair.
2. Determination
A. The fact that the Defendant had been punished several times for the same crime, and that he/she was driving in the higher amount of the blood alcohol concentration of 0.114% while being tried on April 24, 2014 due to drinking and suspicion of driving without a license is disadvantageous to the Defendant.
B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant has not been sentenced to punishment, and that he has re-driving without driving under the influence of alcohol as a consequence of his depth, and that he supports his daughter who is a middle student.
In addition, considering the equity in cases where a judgment is rendered concurrently with a crime of violation of the Road Traffic Act (driving), the age, living environment, the details and result of the crime, the circumstances after the crime, etc., the sentence of the court below is reasonable.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.