도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant, even in the past, has the past history of punishment for a violation of the Road Traffic Act (one time of the suspended sentence of imprisonment and one fine), and in particular, in the Changwon District Court on November 12, 2010, sentenced on six months of the suspended sentence to the crime of violation of the Road Traffic Act (one time of the suspended sentence of imprisonment), and the period of the suspended sentence has not passed since one year has not passed since the crime of this case was committed repeatedly, and thus, it is deemed that the suspended sentence alone would no longer have the effect of preventing recidivism. In light of the above, the sentence (two years of the suspended sentence for one year of imprisonment, two years of probation, and one hundred and twenty hours of the community service order) imposed by the lower court is unreasonable.
2. Even considering the circumstances alleged by the prosecutor in the judgment, considering the following circumstances, the defendant is led to confession and reflect, the defendant is in a position to support his/her family, the defendant does not repeat his/her family, and the probation that was ordered by the court below can expect the effect of recidivism, and other circumstances, such as the character, conduct and environment of the defendant, the background and result of the crime in this case, and the circumstances after the crime, which are conditions for sentencing, are considered in the records and arguments, the prosecutor's assertion above is without merit.
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.