도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, 80 hours of community service, 40 hours of law-abiding driving course) that the court below made is too uneased and unreasonable.
2. The judgment defendant has been punished several times due to the same kind of crime, and has committed the crime of this case at the same time during the suspension period.
The drinking alcohol level was 0.216% high from the blood alcohol level.
However, the defendant's mistake in committing the crime is divided in depth, and the defendant does not repeat the crime.
The driving distance is about 500 meters short, and it is not caused by a traffic accident.
The defendant is a beneficiary of basic life in the fifth degree of disability and is responsible for the livelihood of his wife and her father and son by daily work while living in a plastic house in a household building. Family and her husband and son want the defendant's wife, and the defendant's wife are leading to the second childbirth.
In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it is difficult to deem that the sentence imposed by the court below is too uneasible and unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.