도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unfair because the sentence of imprisonment with prison labor for 6 months, 2 years of suspended execution and 80 hours of social service against the defendant, and 40 hours of compliance driving lectures is too unfford.
2. It is recognized that the Defendant had been punished several times for the same kind of crime prior to each of the instant crimes, and in particular, the fact that the Defendant’s blood alcohol concentration cannot be deemed to be low by 0.093% prior to each of the instant crimes, and that there were two records of the suspended sentence due to drinking driving.
However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and was punished for the same kind of crime on 2008, and the Defendant did not block the instant crime related to the driving of motor vehicles for the remaining five years from the time of the instant crime; (b) the Defendant’s health is not good; and (c) the Defendant’s age, environment, family relationship, occupation, and conditions for sentencing indicated in the records, such as the circumstances before and after the instant crime; and (d) the sentence of the lower court is unreasonable.
Therefore, 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 as it is without merit. It is so decided as per Disposition.