도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (two years of suspended execution in six months of imprisonment, and forty hours of lecture attendance order in compliance driving) is too uneasible and unfair.
2. The fact that the judgment defendant has been punished several times for the same crime is disadvantageous to the defendant.
However, when comprehensively considering the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, the fact that the defendant has no record of punishment in excess of the fine for the same kind of crime, and all of the sentencing conditions indicated in the instant case, such as the age, sex, environment, circumstances of the crime, and the circumstances after the crime, the sentence of 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.