도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, two years of suspended execution, and an order to attend a course) of the lower court is deemed to be too uneasible and unreasonable.
2. The crime of this case is a situation unfavorable to the Defendant, such as the fact that the Defendant driven a vehicle while under the influence of alcohol with a blood alcohol level of 0.144%, and the nature of the crime is not weak, and the Defendant had the record of criminal punishment of fines three times due to a drunk driving even before, and the fact that the blood alcohol concentration level was relatively high by 0.14% at the time of detection.
On the other hand, the following are the circumstances favorable to the defendant: (a) the defendant recognized the crime of this case and reflects the mistake in depth; (b) the driving distance is shorter than about 10 meters; and (c) the person who should support the mother of age 82.
In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the 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. It is so decided as per Disposition.