도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s sentence (two years of suspended execution in the month of imprisonment with prison labor for eight months, and forty hours of lectures of compliance driving) is too uneasible and unfair.
2. The Defendant committed the instant crime by driving again under the influence of alcohol or without a license even though he had the record of being punished for driving under the influence of alcohol.
However, in full view of the following: (a) the Defendant recognized the facts charged; (b) there is no criminal record other than fines; (c) the period and frequency of punishment for driving alcohol (2009 and year 2014); and (d) the age, sex, environment, circumstances leading to the commission of the offense; and (d) the circumstances after the commission of the offense, etc., the lower court’s sentence is unobcied and unreasonable.
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.