도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal in light of all the circumstances, including the fact that the Defendant was sentenced to a fine of five million won on June 3, 2010 for the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (driving without a license) and the Defendant was sentenced to a fine of five million won on June 3, 2010, and that there was no opening of the Defendant, and the Defendant has the record of having been sentenced several times due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act (driving). In light of all the circumstances, the sentence imposed by the lower court [six months of imprisonment, two years of suspended sentence, two years of probation, two years of imprisonment, and forty hours of the law-abiding course (six months of imprisonment)] is too uneasy and unfair.
2. The judgment of the court below is that the Defendant driven a B truck with approximately 5km alcohol level of 0.072% under the influence of alcohol without obtaining a driver's license, and the Defendant has already been subject to suspended execution twice due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the violation of the Road Traffic Act, the violation of the Road Traffic Act, and the punishment for three times of fines. In particular, the instant crime is committed within the period when the Defendant was sentenced to a fine of KRW 5 million due to the violation of the Road Traffic Act on June 3, 2010, and the violation of the Road Traffic Act (unlicensed Driving) and the violation of the Road Traffic Act, and it is not good that the instant crime is committed within the period when the Defendant was sentenced to a fine of KRW 5 million.5 million due to a violation of the Road Traffic Act. In light of the above, it is necessary to strictly punish the Defendant who
However, the defendant's perception of committing the crime of this case and his mistake is divided in depth, and the blood alcohol content of the defendant at the time of committing the crime of this case is not high to 0.072%, and the defendant's imprisonment was sentenced to a suspended sentence for the same crime since December 22, 2005, as well as the punishment of fines on two occasions for the same crime after being sentenced to a suspended sentence for the same crime of this case, it is expected that the effect of punishment as a suspended sentence with probation, etc. is expected to be imposed with probation, etc., and the defendant's age, character and behavior, environment, and the crime of this case.