도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable in light of the fact that the defendant had been punished several times due to the past violation of the Road Traffic Act (referring to six times a fine, and one time a suspended sentence of imprisonment) and the violation of the Road Traffic Act (limited to a suspended sentence of imprisonment), and even if he had been under the influence of driving under the influence of alcohol in this case, the sentence imposed by the court below (one year a suspended sentence of imprisonment, two years a suspended sentence of imprisonment, probation, a community service order of 120 hours, an order to attend a compliance driving course of 40 hours), is too una
2. Taking into account the circumstances alleged by the public prosecutor, the Defendant’s mistake is deeply divided and reflected, the Defendant did not commit the instant crime during the period of probation, and the Defendant’s accident occurred due to driving without obtaining a license under the influence of alcohol, and the Defendant’s above assertion is considered to realize the effect of recidivism, such as drinking driving, etc. through probation ordered by the court below while issuing a suspended sentence of imprisonment, and the Defendant’s wife is in the position to support the Defendant’s wife, other circumstances such as the character, conduct and environment of the Defendant, the background and consequence of the instant crime, etc., as well as the circumstances after the instant crime, etc., which are the conditions for sentencing as shown in the records and arguments, and thus, it cannot be deemed unfair. Therefore, the prosecutor’s above assertion
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.