도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended sentence, and forty hours of an order to attend a compliance driving lecture) is too uneasible and unfair.
2. Determination is recognized that the Defendant had a previous conviction of a fine on two occasions due to drunk driving, and that the blood alcohol concentration of the instant case is 0.150% higher than that of the instant blood alcohol level.
However, it is also recognized that the defendant recognized the crime of this case and reflected against the defendant, that there is no other criminal record other than the above two times of fine, and that there is a mother to support.
In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, motive and background of crime, means and consequence of crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.