도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (three years of imprisonment with prison labor for a period of six months suspension, three years of probation, and forty hours of order to attend a course) of the lower court is deemed to be too unhued and unreasonable.
2. The judgment of the driving under the influence of alcohol is a serious crime with a high risk of causing harm to the life and body of others as well as himself/herself, and the Defendant appears to have been punished five times due to a drunk driving, including a suspended sentence, and has been punished several times due to a traffic-related crime, and the Defendant seems to have considerably lacking the awareness of compliance with the traffic-related laws and regulations, etc., which are disadvantageous to the Defendant.
However, in light of the fact that the Defendant appeared to reflect on the recognition of the instant crime, the fact that the instant crime did not cause a traffic accident, the blood alcohol density of the Defendant at the time of the instant crime, the distance of driving, and other factors of sentencing as indicated in the records and arguments, including the Defendant’s age, character and conduct, environment, family relationship, time interval between the Defendant’s age, background of the instant crime, circumstances after the instant crime, etc., the lower court’s punishment cannot be deemed unreasonable.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal 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.