도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (two years of suspended sentence of eight months, community service hours, and forty hours of lecture of compliance driving) on the gist of the grounds of appeal is unreasonable because it is too uneasible.
2. Although the Defendant had been punished several times for the same type of crime, such as drinking, driving without a license, etc., the Defendant has no record of the crime subject to suspended execution or more.
In full view of the various circumstances, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment, the sentencing of the lower court is not unfair.
3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.